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Madras High CourtWP(MD)/35194/2025disposed of

Alagesan A v. The Director Of Medical Health And Rural Services

2025-12-09Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35194 of 2025 and W.M.P.(MD)Nos.27906 and 27907 of 2025 Dr.A.Alagesan ... Petitioner Vs

1. The Director of Medical Health and Rural Services, 359, Anna Salai, Teynampet, Chennai - 6.

2. The Joint Director of Medical Health and Rural Services, Pudukkottai, Pudukkottai District.

3. The Deputy Director of Health Services, Pudukkottai, Pudukkottai District.

4. The District Collector, Pudukkottai, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice issued by the 2nd respondent in Na.Ka.No.5474/Ni7/2025 dated 03.12.2025 and quash the same and 1/6

consequently direct the respondents not to prevent the petitioner from running his hospital.

For Petitioner : Mr.P.Gunasekaran For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader

O R D E R

This Writ Petition is filed challenging the order passed by the 2nd respondent dated 03.12.2023, wherein the running of petitioner's hospital was suspended and also directed to shift the patients to other hospitals.

2.

Mr.K.Balasubramani, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he is running a hospital in the name and style of "Sri Durga Surgical Clinic and Research Centre in Ponnamaravathy, Pudukkottai District, since 1993, in order to provide better medical facilities to the downtrodden people living in and around Ponnamaravathy Town. While being so, on 19.06.2025, one Pappa, wife 2/6

of Rajendran was admitted in the petitioner's hospital and she gave a birth to a female baby and she was discharged from the hospital on 20.06.2025. However, the 2nd respondent herein made a surprise visit to the petitioner's hospital on 03.12.2025 and after inspection, issued the impugned notice alleging that two case sheets have been issued in favour of one Pappa and one Apsara Banu in connection with the birth of a single baby. Through the impugned order, the running of the petitioner's hospital was suspended, which is highly illegal. Therefore, the petitioner has challenged the impugned order by way of this Writ Petition.

4. The learned counsel appearing for the petitioner would submit that in the petitioner's hospital, 10 Doctors are working and daily 100 patients are taking treatment. He further submits that if the running of the hospital is suspended, it will be seriously affected the routine life of the Doctors and staffs, who are working in the hospital and also the patients, who are taking treatment regularly in the hospital. Hence, he seeks for setting aside the impugned order.

5. Considering the facts and circumstances of the case, this Court is of the view that when the respondent is working for the welfare 3/6

of the public, before passing the impugned order, they should have taken into consideration the welfare of the staffs, who are working in the hospital and also the patients, who are taking treatment in the hospital, but there was no such consideration before passing the suspension order. Therefore, the impugned order is liable to be set aside in respect of the portion of the suspension of running the petitioner's hospital.

6. Accordingly, the impugned order is liable to be set aside only in respect of suspension of running the petitioner's hospital. In respect of other aspects, the petitioner is directed to give explanation to the impugned order. After receiving the reply, the respondents are directed to take action in accordance with law.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

09.12.2025 Index : Yes/No vsm 4/6

To

1. The Director of Medical Health and Rural Services, 359, Anna Salai, Teynampet, Chennai - 6.

2. The Joint Director of Medical Health and Rural Services, Pudukkottai, Pudukkottai District.

3. The Deputy Director of Health Services, Pudukkottai, Pudukkottai District.

4. The District Collector, Pudukkottai, Pudukkottai District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.35194 of 2025 09.12.2025 6/6