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Madras High CourtWP(MD)/12548/2015dismissed

E. Rethinam v. The Secretary To Govt.

2023-08-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2015 E.Rethinam ... Petitioner Vs.

1.The Secretary to Government of Tamilnadu, Public Welfare Department, Secretariat, Chennai.

2.The Director of Medical Education, Kilpauk, Chennai - 5.

3.The Government General Hospital, Rep. by its Dean, Sivagangai, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent pertaining to its proceeding Na.Ka.No.39855/Thiva1/2/2015 dated 04.05.2015 and to 1/4

quash the same and consequently direct the respondents to grant permission to have an Aavin Booth at the 3rd Respondent premises by considering the Petitioner's representation dated 19.05.2014 within a time frame that may be stipulated by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner wants to run a canteen in the premises of the third respondent government hospital. The petitioner's request was negatived. Challenging the same, the present writ petition has been filed. 3.The learned Additional Government Pleader points out that the Government has issued G.O.(Ms)No.194, dated 21.06.2022 laying down the guidelines for opening milk parlor / tea shop / canteen within the 2/4

premises of government hospital. The petitioner has to necessarily avail the remedy under the aforesaid government order. The writ petition has virtually become infructuous.

4.Granting liberty to the petitioner to workout his remedy in the manner known to law, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 31.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Secretary to Government of Tamilnadu, Public Welfare Department, Secretariat, Chennai.

2.The Director of Medical Education, Kilpauk, Chennai - 5.

3.The Government General Hospital, Rep. by its Dean, Sivagangai, Sivagangai District.

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G.R.SWAMINATHAN, J.

ias 31.08.2023 4/4