Remanded

M.Vadivel v. The Additional Chief secretary to the Government

Madras HC24 Sept 2021WP/20521/2021

Case brief

AI extract

What is this about?

In a PIL filed by a petitioner on behalf of villagers seeking a veterinary hospital, the High Court held that it cannot issue mandamus to command construction. The court permitted a fresh detailed representation to the Additional Chief Secretary for consideration.

What did the court decide?

Petition disposed of by permitting petitioner to carry a detailed representation to the First Respondent for consideration and communication of reasoned decision within two months.

M.Vadivel Vs The Additional Chief secretary to the… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.No.20521 of 2021

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M.Vadivel

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.. Petitioner

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Vs.

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1. The Additional Chief Secretary to the Government

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 Animal Husbandry Department

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 Fort St. George, Chennai 600 009.

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2. The Directorate of Animal Husbandry

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 and Veterinary Science
 DMS Complex, 3rd Floor, Block 2
 Anna Salai, Teynampet
 Chennai 600 018.

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3. The District Collector, Villupuram.

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4. The Regional Joint Director Animal Husbandry and Veterinary Services Villupuram.

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5. The Assistant Director of Animal Husbandry Department Tindivanam, Villupuram District. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the second
respondent to establish a Branch Veterinary Hospital in
Naranamangalam Village, Melmalaiyanur Taluk, Villupuram district
by considering the fourth respondent's proceedings vide
Na.Ka.No.2278/A3/2021 dated 30.07.2021.

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https://hcservices.ecourts.gov.in/hcservices/

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For the Petitioner: Ms.Shase
 For Mr.M.Guruprasad
For the Respondents : Mr.P.Muthukumar
 State Govt. Pleader

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner has instituted the present public interest
litigation in support of the villagers in Naranamangalam Village,
who are engaged in farming and raising livestock.

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2. The grievance is that there is only one veterinary
hospital in Avalurpettai and such veterinary hospital caters to
villages within a radius of about 13 to 15 km. The petitioner
says that repeated requests to the respondents for the purpose of
constructing one or more further veterinary hospitals has fallen
on deaf ears.

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3. No mandamus can ordinarily be issued to command the
construction of a hospital or to establish a facility. It is for
the executive to decide as to the feasibility of the project, the
need therefor and the resources available in such regard.

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4. At the highest, the court may only direct the
appropriate authority to consider the matter.

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5. Accordingly, WP No.20521 of 2021 is disposed of by
permitting the petitioner to carry a fresh, detailed
representation in respect of the matters complained of to the
first respondent Additional Chief Secretary in the Animal
Husbandry Department. In the event any written representation is
carried to the first respondent within four weeks from date, the
first respondent should consider the matter in proper perspective
and communicate a reasoned decision thereon to the petitioner
within two months of the receipt of the request.

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6. It is made clear that this court has not gone into the
issue as to whether it is desirable or feasible or necessary to
set up one or more veterinary hospitals in the locality.

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https://hcservices.ecourts.gov.in/hcservices/

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7. There will be no order as to costs.

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 Assistant Registrar

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//True Copy//

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 Sub Assistant Registrar

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tar

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To:

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1. The Additional Chief Secretary
 to the Government
 Animal Husbandry Department
 Fort St. George
 Chennai 600 009.

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2. The Directorate of Animal Husbandry
 and Veterinary Science
 DMS Complex, 3rd Floor, Block 2
 Anna Salai, Teynampet
 Chennai 600 018.

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3. The District Collector

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Villupuram District, Villupuram.

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4. The Regional Joint Director Animal Husbandry and Veterinary Services Villupuram.

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5. The Assistant Director of Animal Husbandry Department Tindivanam, Villupuram District.

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+1cc to M/s.M.Guruprasad, Advocate, S.R.No.49548

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W.P.No.20521 of 2021

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SRA(CO)

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SB(29/09/2021)

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https://hcservices.ecourts.gov.in/hcservices/

M.Vadivel v. The Additional Chief secretary to the Government

Case brief

What is this about?

What did the court decide?

M.Vadivel v. The Additional Chief secretary to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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