Disposed¶27

M.Maheswari v. The Secretary

Madras HC7 Aug 2025WP(MD)/4647/2025

Case brief

AI extract

What is this about?

Mandamus; consideration of representation dated 26.12.2024; National Medical Commission; Ministry of Health and Family Welfare (Union and Tamil Nadu); Director of Medical and Rural Health Services; Civil Appeal No.152 of 1994 dated 14.02.2003 (Apex Court); twelve weeks timeline; notice to rival claimants; Article 226 Constitution of India; Madurai Bench of Madras High Court; S.Srimathy; disposed without opinion on merits; no costs.

What did the court decide?

Writ of Mandamus granted in effect: respondents directed to consider the petitioner's representation dated 26.12.2024 and pass orders in accordance with law in the light of the Apex Court judgment in Civil Appeal No.152 of 1994 dated 14.02.2003, with notice to rival claimants if any, within twelve weeks of receipt of a copy of the order; no order as to costs. ¶27

M.Maheswari Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the respondents should be directed to consider the petitioner's representation dated 26.12.2024, in view of the Supreme Court judgment in Civil Appeal No.152 of 1994 dated 14.02.2003, within a stipulated time.

¶15

Court's answer

Without expressing any opinion on merits, the Court directed the respondents to consider the petitioner's representation dated 26.12.2024 and pass orders in accordance with law in the light of the Apex Court judgment in Civil Appeal No.152 of 1994 dated 14.02.2003.

¶23

Ratio / Principle

If there is any rival claim, notice shall be issued to the rival claimants before the respondents consider the petitioner's representation dated 26.12.2024.

¶23

Key takeaways

The exercise of considering the representation shall be completed within twelve weeks from the date of receipt of a copy of the order.ratio¶23
With the above observations, the Writ Petition is disposed of.ratio¶27
There shall be no order as to costs.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench, Madras High Court) under Article 226 seeking a Writ of Mandamus to consider the petitioner's representation dated 26.12.2024 in view of the Supreme Court judgment in Civil Appeal No.152 of 1994 dated 14.02.2003. The Court, without expressing any opinion on merits, directed the respondents (National Medical Commission; Ministries of Health and Family Welfare, Union and State; Director of Medical and Rural Health Services) to consider the representation and pass orders in accordance with law in the light of the said Apex Court judgment, issuing notice to rival claimants if any, completing the exercise within twelve weeks from receipt of a copy of the order. Writ Petition disposed of; no order as to costs.

¶1

W.P(MD)No.4647 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 07.08.2025

¶4

CORAM:

¶5

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

¶6

W.P(MD)No.4647 of 2025

¶7

M.Maheswari ...Petitioner

¶8

Vs.

¶9

1.The Secretary, National Medical Commission, Pocket - 4, Sector - 8, Dwaraka Phase - I, New Delhi - 110 077.

¶10

2.The Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi.

¶11

3.The Secretary, Ministry of Health and Family Welfare, Government of Tamil Nadu, Secretariat,

¶12

Chennai 600 009.

¶13

4.The Director of Medical And Rural Health Services, Directorate of Medical Service,

¶14

Chennai - 6. ...Respondents

¶15

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 26.12.2024 in view of the judgment of the Hon'ble Apex Court in Civil Appeal No.152 of 1994 dated 14.02.2003 within the stipulated time as fixed by the Court.

¶16

1/4

¶17

https://www.mhc.tn.gov.in/judis

¶18

W.P(MD)No.4647 of 2025

¶19

For Petitioner : Mr.M.Saravanan For R1 : No appearance For R2 : Mr.K.Govnindarajan Deputy Solicitor General of India For R3 and R4 : Mr.Selva Ganesan Additional Government Pleader *****

¶20

ORDER

¶21

The present Writ Petition has been filed for the issuance of a Writ of

¶22

Mandamus, to direct the respondents to consider the petitioner's representation dated 26.12.2024 in view of the judgment of the Hon'ble Apex Court in Civil Appeal No.152 of 1994 dated 14.02.2003 within the stipulated time as fixed by the Court.

¶23

2.This Court without expressing any opinion on merits is directing the respondents to consider the petitioner's representation, dated 26.12.2024 and pass orders in accordance to law in the light of the judgment of the Hon'ble Apex Court in Civil Appeal No.152 of 1994, dated 14.02.2003. If there is any rival claim, notice shall be issued to the rival claimants and thereafter, the respondents shall consider the petitioner's representation, dated 26.12.2024. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶24

2/4

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P(MD)No.4647 of 2025

¶27

3.With the above observations, this Writ Petition is disposed of.

¶28

There shall be no order as to costs.

¶29

07.08.2025