The High Court dismissed a writ petition seeking direction to open a Primary Health Centre. The Court held that establishing such facilities is a policy decision outside Judicial review but directed authorities to consider the representation within three months.
Petition dismissed; authorities directed to consider representation within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.300 of 2017
G.Lakshmanan .. Petitioner
-vs-
1.The Director, Medical and Rural Welfare Department, Chennai-600 006.
2.The Director, Public Health and Preventive Medicine, Chennai-600 006.
3.The Deputy Director, Public Health Department, Tiruvarur, Tiruvarur District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the third respondent to consider the representations of the petitioner and other subsequent representation and finally made on 04.07.2016 requesting the respondents 1 to 3 to locate the Primary Health Centre at Ammaiyappan, Kodavasal Taluk, Tiruvarur District.
For Petitioner : Mr.G.Nagarajan For Respondent : Mr.R.Vijayakumar Addl. Government Pleader
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ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The opening of a Primary Health Centre for arranging the medical facilities totally falls within the domain of the policy decision of the State Government and we do not consider it appropriate to intervene on this issue under public interest litigation. However, we feel, it would be appropriate, if the concerned authorities bestow their consideration to the grievance/representation made by the petitioner dated 04.07.2016 and communicate their decision to the petitioner within a maximum period of three months from the date of receipt of the copy of this order.
No costs.
(S.K.K., CJ.) (M.S., J.) 05.01.2017 Index : Yes/No Internet : Yes/No bbr
To
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1.The Director, Medical and Rural Welfare Department, Chennai-600 006. 2.The Director, Public Health and Preventive Medicine, Chennai-600 006. 3.The Deputy Director, Public Health Department, Tiruvarur, Tiruvarur District.
The Hon'ble Chief Justice and
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M.Sundar, J.
bbr
W.P.No.300 of 2017
05.01.2017 http://www.judis.nic.in
1 issue framed by the court
Whether the High Court should intervene in the policy decision of the State Government to open a Primary Health Centre under public interest litigation.
1 provisions across 1 enactments
G. Lakshmanan
The Director, Medical and Rural Welfare Department, Chennai
The Director, Public Health and Preventive Medicine, Chennai
The Deputy Director, Public Health Department, Tiruvarur
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
