Madras High Court
B.Karthee vs The Principal Secretary on 8 September, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2017
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.14758 of 2016
B.Karthee .. Petitioner
Vs.
1.The Principal Secretary,
Union of India,
Ministry of Housing and Urban Poverty Alleviation,
Room No.125-C, Nirmal Bhawan,
New Delhi.
2.The Principal Secretary,
State of Tamil Nadu,
Health and Family Welfare Department.
Fort St. George,
Chennai-09.
3.The Principal Secretary,
Municipal Administration and Water Supply Department
State of Tamil Nadu,
Fort St. George,
Chennai-09.
4.The Commissioner of Madurai Corporation,
Aringar Anna Maligai,
Outpost,
Thallakulam, Madurai-02. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus to direct the respondents to take immediate action
to start functioning the operation theatre soon in the Urban Primary Health
centre K.Pudur, Madurai by vacating the government freebies and other stocks,
which are kept in hospital Operation Theatre within the time stipulated by
this Court.
!For Petitioner : Mr.R.Alagumani
^For R-1 : Mr.R.Murugappan
For R-2 & R-3 : Mr.T.S.Mohamed Mohideen
Additional Government Pleader
For R-4 :Mr.R.Murali for R-4
:ORDER
[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents to take immediate action for starting the operation theatre in the Urban Primary Health Centre, K.Pudur, Madurai, by removing the freebies, stored by the Corporation.
2.According to the petitioner, there is an Urban Primary Health Centre at K.Pudur, Madurai, which is catering to the needs of the local people. There is also an Operation Theatre attached to the hospital. The hospital is providing 24 hours service. In stead of using the Operation Theatre for doing operation, the Corporation converted the same into a godown for storing the freebies supplied by the Government. He made a request to the respondents to take immediate action to start the functioning of the Operation Theatre in the Urban Primary Health Centre, K.Pudur, Madurai. Since follow up action was not taken, the petitioner has come up with this writ petition.
3.The Commissioner, Madurai Corporation, in his counter affidavit contended that though the Operation Theatre, was established by the Corporation, necessary materials and instruments for the purpose of operation theatre were not procured and that was the reason for keeping the building idle.
4.According to the Commissioner, as on today, no freebies are stocked in the hospital premises. The Government has sanctioned a sum of Rs.1.5 crore under the National Urban Health Scheme for infrastructure development of the hospital through the Tamil Nadu Medical Services Corporation, action was initiated to purchase medical instruments with the approval of council resolution No.116, dated 15.05.2017. In short, it is contention of the Commissioner that the development of operation theatre is under progress.
5.The affidavit filed in support of the writ petition is really an eye- opener as to how a hospital building is converted into a godown by the Corporation, against public interest.
6.The Corporation appears to have stored the mixer grinders, lap tops and all other freebies given by the Government in a hospital building and more particularly, in a place, earmarked as 'Operation Theatre'. It appears that the Corporation has no other place for storing the freebies and that must be the reason for keeping the freebies in a hospital building and that too in an area earmarked as 'Operation Theatre'. In the counter affidavit, the Commissioner, Madurai Corporation has clearly said that steps would be initiated for functioning of operation theatre.
7.We hope and trust that the Corporation would not, henceforth, convert any of its hospital buildings, for using it as godown. We also hope and trust that operation theatre in the Urban Primary Health Centre, K.Pudur, Madurai would be functional, without any further delay.
8.The Writ Petition is disposed of with the above observation. No costs.
To:
1.The Secretary, Government of India, Ministry of Water Resources, No.412, Shram Shakti Bhawan, Radi Marg, New Delhi ? 110 001.
2.The Chief Secretary, The State of Tamil Nadu, Secretariat, Chennai ? 600 009.
3.The Secretary, The Government of Tamilnadu, Public Works Department and Water Resources Organization, Fort St. George, Secretariat, Chennai ? 600 009.
4.The Engineer ? in- Chief, Water Resources Department, Chepauk, Chennai -5 (W.E.)
5.The Chief Engineer, Operation and Maintenance, Water Resources Department, Chepauk, Chennai ? 5(W.E.)
6.The Chief Engineer, Public Works Department, Water Resources Organizatin, Peraiyur Vaigai Basin Circle, Madurai ? 2.
7.The Executive Engineer, Public Works Department, Water Resources Organization, Periyar Vaigai Basin Circle, Madurai ? 625 002.
8.The District Collector, Theni District, Theni.
.