The Madurai Bench of Madras High Court dismissed a writ petition filed by a private party seeking to treat a death in a private hospital as a public interest litigation. The court found no mantle of maintainability under relevant Supreme Court precedents.
The writ petition was dismissed with no costs awarded.
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.
W.P.(MD) No.2265 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2024
CORAM:
THE HON'BLE MR .D.KRISHNAKUMAR , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.2265 of 2019
A.M.Sundaravel
... Petitioner
-vs-
3.The Director Medicine and Urban Welfare Works Rajivgandhi Government General Hospital Chennai-6
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W.P.(MD) No.2265 of 2019
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the fourth respondent to calculate the salary of deceased Nishamary upto 58 years, who has worked in the Eye Hospital at Tirunelveli Junction and to collect the amount from the said Eye Hospital Management and to handover to her mother within a time stipulated by this Court and to direct the first respondent to take senses of nurses working in various hospitals in Tamil Nadu and made arrangements to give salary to nurses working in the private hospitals comparing with the nurses working in the Government Hospitals.
[R7 & R8 are suo motu impleaded vide Court order dated 01.02.2019]
For Petitioner : Mr.A.M.Sundaravel Party-in-Person For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.S.Ravi
Additional Public Prosecutor for R5 & R6
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W.P.(MD) No.2265 of 2019
O R D E R
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE]
This writ petition has been filed in the guise of pro bono publico seeking a direction to the fourth respondent to calculate the salary of the deceased Nishamary upto 58 years, who had worked in the Eye Hospital at Tirunelveli Junction and to handover it to her mother within a time stipulated by this Court and also to direct the first respondent to take census of nurses working in various hospitals in Tamil Nadu and made arrangements to give salary to nurses working in the private hospitals comparing with the nurses working in the Government Hospitals.
2. Though the petitioner, who is a party-in-person, seeks for several reliefs, his primary grievance is that one Nisha Mary was working in a Private Eye Hospital, Tirunelveli, and the Management of the Hospital had not paid monthly salary to her, due to which, she committed suicide. Therefore, the petitioner seeks for a direction to the District Administration to calculate the salary of the deceased upto her 58 years and pay it to her mother. At this juncture, it is to be noted that there is no material to show that neither the
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W.P.(MD) No.2265 of 2019
family members of the deceased nor her relatives have filed any petition before the Court of law seeking appropriate reliefs. On the other hand, the petitioner, who is a third party, has filed this petition under the guise of a public interest litigation, which is not maintainable in the eye of law.
3. That apart, on a careful perusal of the materials available record, we find no iota of material to show that the petitioner has filed this writ petition under the guise of public interest litigation as per the parameters laid down by the Honourable Supreme Court in the case of Guruvayoor Devaswom Managing Committee vs. C.K.Rajan , reported in (2003) 7 SCC 546 and the subsequent decisions of the Honourable Supreme Court in the case of Ashok Kumar Pandey vs. State of West Bengal and others , reported in (2004) 3 SCC 349 , Neetu vs. State of Punjab , reported in (2007)
1 SCC 614 and State of M.P. vs. Narmada Bachao Andolan , reported in (2011) 7 SCC 639 . In such circumstances, we are not inclined to entertain the present writ petition.
4. Accordingly, the writ petition is dismissed. No costs.
[D.K.K., A.C.J.] [R.V., J.]
26.07.2024
NCC : Yes / No
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W.P.(MD) No.2265 of 2019
Index : Yes / No Internet : Yes / No
krk
To: 1.The Chief Secretary, Tamilnadu Government, Chennai-9.
2.The Principal Secretary, Health Department, Government of Tamilnadu, Chennai-9.
3.The Director , Medicine and Urban Welfare Works, Rajivgandhi Government General Hospital, Chennai-6.
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W.P.(MD) No.2265 of 2019
D.KRISHNAKUMAR , A.C.J. and R.VIJAYAKUMAR, J.
krk
W.P.(MD) No.2265 of 2019
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W.P.(MD) No.2265 of 2019
26.07.2024
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1 issue framed by the court
Whether a petition filed by a private third party seeking PIL-like relief regarding deceased nurse's salary in a private hospital is maintainable as Public Interest Litigation.
Colour shows how this judgement treated each authority
Guruvayoor Devaswom Managing Committee vs. C.K.RajanReferred¶34
Guruvayoor Devaswom Managing Committee vs. C.K.Rajan, (2003) 7 SCC 546 · Who else cites this
Ashok Kumar Pandey vs. State of West Bengal and othersReferred¶34
Ashok Kumar Pandey vs. State of West Bengal and others, (2004) 3 SCC 349 · Who else cites this
Neetu vs. State of PunjabReferred¶34
Neetu vs. State of Punjab, (2007) 1 SCC 614 · Who else cites this
State of M.P. vs. Narmada Bachao AndolanReferred¶34
State of M.P. vs. Narmada Bachao Andolan, (2011) 7 SCC 639 · Who else cites this
A.M.Sundaravel
The Chief Secretary, Tamilnadu Government, Chennai
The Principal Secretary, Health Department, Government of Tamilnadu
The Director, Medicine and Urban Welfare Works
The District Collector, Tirunelveli District
The Superintendent of Police, Tirunelveli District
.D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
