M.Ayyanan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Ayyanan ... Petitioner -Vs1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Director, Directorate of Public Health and Preventive Medicine No.359, DMS Complex, Teynampet, Chennai-600 006.
3.The Deputy Director Public Health and Preventive Medicine Vishwanathapuram, Madurai-625 014.
... Respondents 1/5
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to take appropriate action to ensure that the Doctor of Thiruvathavur Government Primary Health Centre, who is on deputation to rejoin for the regular duty or to appoint any other Doctor to serve permanently in Thiruvathavur Government Primary Health Centre and to fill the sanctioned post of Health Inspector and Nurse permanently in Thiruvathavur Government Primary Health Centre according to the Indian Public Health Standards Health and Wellness Center-2022, Volume II in accordance with law. For Petitioner : Mr.Dr.R.Alagumani For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the respondents to initiate appropriate action to ensure that the Doctor of Thiruvathavur Government Primary Health Centre, who is on deputation to rejoin for the regular duty or to appoint any other Doctor to serve permanently in Thiruvathavur Government Primary Health Centre and to fill the sanctioned post of Health Inspector and Nurse permanently in Thiruvathavur Government Primary Health Centre according to the Indian Public Health Standards Health and Wellness Center-2022, Volume II in accordance with law. 2/5
2. The learned counsel for the petitioner would submit that the doctors are deputed for long duration to look after the Primary Health Centre concerned. However, deputing a doctor or posting a doctor as in-charge of a Primary Health Centre are the administrative affairs of the Department and the High Court cannot interfere with the day-to-day administration of the Government Department. The Government is expected to ensure that the doctors are available in Primary Health Centres for the purpose of providing treatment to the patients attending the Primary Health Centre. More than that, the High Court in exercise of the judicial power cannot issue any direction to permanently post a doctor, which would fall within the administrative affairs of the Government Department. However, these issues can be looked into by the department.
3. In view of the above, the writ petition is dismissed. No costs. (S.M.S., J.) & (G.A.M., J.) 21.08.2025 NCC : Yes / No Index : Yes / No am 3/5
To 1.The Principal Secretary, Health and Family Welfare Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Director, Directorate of Public Health and Preventive Medicine No.359, DMS Complex, Teynampet, Chennai-600 006.
3.The Deputy Director Public Health and Preventive Medicine Vishwanathapuram, Madurai-625 014.
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S.M.SUBRAMANIAM, J.
AND G.ARUL MURUGAN, J.
am 21.08.2025 5/5