N.Abdul Rahman Jalal v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA N.Abdul Rahman Jalal ... Petitioner vs.
1. The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, State of Tamil Nadu, Fort St.George, Chennai - 600009.
2. The Director, Directorate of Public Health and Preventive Medicine, No.359, DMS Complex, Teynampet, Chennai - 600006.
3. The Deputy Director, Public Health and Preventive Medicine, Vishwanathapuram, Madurai - 625014.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to take 1/6
necessary action to depute 2 doctors, 4 nurse depute permanently and fill the one health inspector post permanently and to make the ultrasound scan machine functional consequently direct the respondents to ensure adequate space with proper ventilation building facilities according to the Indian Public Health Standards Health and Wellness Center - 2022, Volume II in the othakadai Government Primary Health Centre in Madurai District in accordance with law within a stipulated time that may be fixed by this Honourable Court. For Petitioner : Dr.R.Alagumani For Respondents : Mr.P.Thilak Kumar Government Pleader
O R D E R
(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to take necessary action to permanently depute two Doctors and four Nurses, to fill the post of Health Inspector post on a permanent basis and to make the ultrasound scan machine functional. The petitioner also seeks a consequently direction to the respondents to ensure adequate space with proper ventilation and building facilities in accordance with the Indian Public Health Standards, Health and Wellness Center - 2022, Volume II, at the Othakadai Government Primary Health Centre in Madurai District, in accordance with law 2/6
within a time frame to be stipulated by this Court.
2. Heard Dr.R.Alagumani, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Alleging non-compliance with the mandatory provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, at the Othakadai Government Primary Health Centers, as well as the non-functionality of certain medical equipment, the petitioner submitted a representation dated 30.06.2025 to the respondents, requesting them to fill the vacant posts and to rectify the non-functional medical equipment. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.
4. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the first respondent to 3/6
consider the representation of the petitioner dated 30.06.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.
5. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the first respondent, to consider the representation of the petitioner dated 30.06.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. No costs. [A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6
To
1. The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, State of Tamil Nadu, Fort St.George, Chennai - 600009.
2. The Director, Directorate of Public Health and Preventive Medicine, No.359, DMS Complex, Teynampet, Chennai - 600006.
3. The Deputy Director, Public Health and Preventive Medicine, Vishwanathapuram, Madurai - 625014.
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A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA, J.
PKN ORDER MADE IN DATED : 01.08.2025 6/6