The petitioner sought a writ of mandamus to protect a Siddha hospital's land from sale, claiming a public interest. The Court, finding a civil dispute among respondents and noting the Collector's involvement, dismissed the petition as no direction was required.
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W.P.(MD).No.21439 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.10.2019
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.P.(MD).No.21439 of 2019 and W.M.P.(MD)No.18108 of 2019
S.Senthil Kumar
... Petitioner
Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The District Siddha Medical Officer, Sivagangai, Sivagangai District.
3.The Director, Indian Medicine and Homeopathy, Arumbakkam, Chennai.
4.V.Ramani
5.Periyakaruppan
6.Karuppaiah ... Respondents
PRAYER: This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the 1st to 3rd respondents to take appropriate action against the 4th to 6th respondents upon the petitioner's representation, dated 23.10.2018 and consequently to take steps to preserve and protect “Gandeepam Narpani Mandram”, situated at Keelavayal Village, Thiruppathur Taluk, Sivagangai District.
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W.P.(MD).No.21439 of 2019
For Petitioner : Mr.C.Selvaraj For Respondents : Mr.M.Murugan (R1 to R3) Govt.Advocate
O R D E R
(Order of this Court was made by T.S.SIVAGNANAM, J)
We have heard Mr.C.Selvaraj, learned Counsel appearing for the petitioner, Mr.M.Murugan, learned Government Advocate, accepting notice on behalf of respondents 1 to 3.
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W.P.(MD).No.21439 of 2019
no direction is required in this writ petition. Hence, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.
Sd/-
Assistant Registrar (Writs) // True Copy //
Sub Assistant Registrar(CS)
MPK To 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Siddha Medical Officer, Sivagangai, Sivagangai District. 3.The Director, Indian Medicine and Homeopathy, Arumbakkam, Chennai. +1 CC to M/s.GP ( SR-91912[F] dated 15/10/2019 ) W.P.(MD).No.21439 of 2019 14.10.2019 JMN(30.10.2019) 3P : 5C
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2 issues framed by the court
Whether the High Court can issue a Writ of Mandamus to protect the functioning of a Siddha hospital against alleged private attempts to sell immovable property involved in a civil dispute.
Whether the petitioner, not being a member of the Trust and facing an internal civil dispute among respondents, is an appropriate party to file a Public Interest Litigation on this subject.
S.Senthil Kumar
The District Collector, Sivagangai District
The District Siddha Medical Officer, Sivagangai
The Director, Indian Medicine and Homeopathy
V.Ramani
Periyakaruppan
T.S.SIVAGNANAM
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
