Subbiah.S v. The Principal Secretary To Govt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.4987 of 2023 S.Subbiah : Petitioner Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, Fort. St. George, Chennai.

2.The Director, Public Health and Preventive Medicine Department, Thenampet, Chennai.

3.The District Collector, Tenkasi District, Tenkasi.

4.The Joint Director, (Public Health), Tenkasi.

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5.The Deputy Director, Public Health, Sankarankovil (Temporally) at Tenkasi.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 to 3 to shift the 5th respondent office from District Collectorate, Tenkasi to Sankarankovil or to establish one another office at Tenkasi by retaining the permanent office at Sankarankovil for the welfare of the Tenkasi District people within a time frame as fixed by this Court. For Petitioner : Mr.S.Sukumar For Respondents : Mr.P.Thilakkumar Govt. Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J) We do not think that such a writ petition could be filed by the petitioner seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to shift the office of the 5th respondent from the District 2/5

Collectorate, Tenkasi to Sankarankovil or to establish one another office at Tenkasi, by retaining the permanent office at Sankarankovil. 2.The location of the office of the Deputy Director of Public Health is the policy matter to be decided by the Government. This Court does not possess the expertise to decide on this question and this Court will not interfere in such policy matters, where the decision is taken by the Government, which has the necessary expertise to decide on the location of the office. Moreover, the Office of the Deputy Director of Public Health, is only an office which has no public access.

3.Hence, this writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. [R.S.M., J.] & [L.V.G., J.] 13.03.2023 NCC : No Index : Yes Internet : Yes skn 3/5

To 1.The Principal Secretary to Government, Health and Family Welfare Department, Fort. St. George, Chennai.

2.The Director, Public Health and Preventive Medicine Department, Thenampet, Chennai.

3.The District Collector, Tenkasi District, Tenkasi.

4.The Joint Director, (Public Health), Tenkasi.

5.The Deputy Director, Public Health, Sankarankovil (Temporally) at Tenkasi.

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R.SUBRAMANIAN., J AND L.VICTORIA GOWRI.,J skn and W.M.P(MD)No.4987 of 2023 13.03.2023.

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