The State Of Tamil Nadu, v. V.Elaiyaraja,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.M.P.(MD)No.10862 of 2017 in Rev.Aplw.(MD)No.SR 44703 of 2017 1.The State of Tamil Nadu, Rep.by its Principal Secretary, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The District Collector, 3.The Deputy Director of Medical Services, .. Petitioners Vs.

V.Elaiyaraja .. Respondent PRAYER W.M.P.(MD)No.10862 of 2017: Civil Miscellaneous Petition is filed, under Section 5 of Limitation Act, praying to condone the delay of 144 days in filing the above Review Petition (MD) SR. No.44703 of 2017.

PRAYER Rev.Aplw.(MD)No.SR 22793 of 2012: Review Application is filed, under Order 47, Rule 1 & 2 r/w Section 114 of Civil Procedure Code, to review the order dated 19.12.2016, passed in W.P. (MD)No.24227 of 2016, on the file of this Court and allow this review petition.

Prayer in WP(MD). 24227/ 2016 :

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the Respondents to constructing Government Primary Health center at Pallapatti, Nilakottai Taluk, Dindugal District with 108 Ambulance facility within the period stipulated by this Court. 1/3

For Petitioners : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.K.Baskara Pandian, learned Special Government Pleader for the petitioenrs.

2.This petition has been filed to condone the delay of 144 days in filing the above Review Petition (MD) SR. No.44703 of 2017, to review the order and direction in W.P.(MD)No.24227 of 2016, dated 19.12.2016.

3. Based on statistics, which was prevailing in the year 2016-2017, the petitioners would state that there is no requirement for the Primary Health Centre. However, by efflux of time, obviously, there will be increase in the population because, even according to the petitioners, nearly 1000 children are born in the year in that area. Therefore, if the Primary Health Centre has not already been constructed, then the present ground reality be taken note of and appropriate action be taken.

4. With the above observation, this Petition stands disposed of. Consequently, the Review Application is closed at the S.R.stage itself. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) MPK To 1.The Principal Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The District Collector, 2/3

3.The Deputy Director of Health Services, W.M.P.(MD)No.10862 of 2017 in Rev.Aplw.(MD)No.SR 44703 of 2017 04.10.2019 VB(15.11.2019) 3P 4C 3/3