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Madras High Court

Sahayadenis Reegan vs The Principal Secretary on 6 September, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar, Mohammed Shaffiq

                                                                     W.P.(MD) Nos.24036 & 24536 of 2018


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.09.2024

                                                      CORAM:

                                  THE HONOURABLE MR.D.KRISHNAKUMAR,
                                         THE ACTING CHIEF JUSTICE
                                                       AND
                            THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

                                       W.P.(MD)Nos.24036 & 24536 of 2018

                Sahayadenis Reegan                     ... Petitioner in W.P.(MD)No.24036 of 2018
                J.John Amalraj                         ... Petitioner in W.P(MD)No.24536 of 2018

                                                       -Vs-

                1.The Principal Secretary,
                  State of Tamil Nadu,
                  Health and Family Welfare Department,
                  Fort St.George, Chennai-600 009.

                2.The Director,
                  Directorate of Public Health and Preventive Medicine,
                  D.M.S.Campus, Thenampet, Chennai.

                3.The Joint Director,
                  Directorate of Public Health and Preventive Medicine,
                  Sekilraja Street, Ramanathapuram District.

                4.The District Collector,
                  Office of the District Collector,
                  Ramanathapuram District.                                    ... Respondents
                                                                   in W.P.(MD)No.24036 of 2018



                Page 1 of 7
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                                                                    W.P.(MD) Nos.24036 & 24536 of 2018


                1.The Secretary to Government,
                  Health and Family Welfare Department,
                  Saint George Fort, Chennai.

                2.The District Collector,
                  Ramanathapuram District,
                  Ramanathapuram.

                3.The Director,
                  Health and Family Welfare Department,
                  Thenampet, Chennai-06.

                4.The Joint Director,
                  Health and Family Welfare Department,
                  Kenikarai, Ramanathapuram District.

                5.The Dean,
                  Government Hospital,
                  Ramanathapuram.

                6.The Medical Officer,
                  Government Hospital,
                  Rameswaram.                                                ... Respondents
                                                                  in W.P.(MD)No.24536 of 2018

                PRAYER in W.P.(MD)No.24036 of 2018: Petition filed under Article 226 of the
                Constitution of India, to issue a Writ of Mandamus, to direct the respondents to
                appoint sufficient doctor and nurses for the patients for 24 hours and to provide
                MRI scan and X ray facilities to the Government Taluk Hospital, Rameswaram
                and consequently, to provide Mortuary Van Facilities and other infrastructure to
                the Government Taluk Hospital, Rameswaram, Ramanathapuram District within
                the time stipulated by this Court.




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                                                                            W.P.(MD) Nos.24036 & 24536 of 2018


                PRAYER in W.P.(MD)No.24536 of 2018: Petition filed under Article 226 of the
                Constitution of India, to issue a Writ of Mandamus, to direct the respondents to
                provide super speciality treatment at 6th respondent Hospital and consequently, to
                direct the respondents to fill all the posts lying vacant at the 6 th respondent
                Hospital and also to direct the respondents to provide life saving medical
                equipments within the period that may be stipulated by this Court.


                                          For Petitioner     : Mr.G.Thirumurugan
                                                              (in W.P.(MD)No.24036 of 2018)
                                          For Petitioner     : Mr.M.Jerin Mathew
                                                              (in W.P.(MD)No.24536 of 2018)
                                          For Respondents : Mr.P.Thilakkumar,
                                                              Government Pleader
                                                              (in both Writ Petitions)


                                                     COMMON ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The Writ Petition in W.P.(MD)No.24036 of 2018 is filed, seeking for a direction to the respondents to appoint sufficient doctor and nurses for the patients for 24 hours and to provide MRI scan and X ray facilities to the Government Taluk Hospital, Rameswaram and consequently, to provide Mortuary Van Facilities and other infrastructure to the Government Taluk Hospital, Rameswaram, Ramanathapuram District within the time stipulated by this Court. Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.24036 & 24536 of 2018

2.The Writ Petition in W.P.(MD)No.24536 of 2018 is filed, seeking for a direction to the respondents to provide super speciality treatment at 6th respondent Hospital and consequently, to direct the respondents to fill all the posts lying vacant at the 6th respondent Hospital and also to direct the respondents to provide life saving medical equipments within the period that may be stipulated by this Court.

3.The learned Government Pleader appearing for the respondents would submit that totally, 19 doctors have been sanctioned to Government Hospital, Rameswaram, out of which, at present, 12 doctors are working and one post of Ortho Doctor has been sanctioned to Government Hospital, Rameswaram. As far as the X-ray machine is concerned, one machine is available in the hospital and X-ray technician is being diverted from Government Hospital, Mudhukulathur, Ramanathapuram District to the Government Hospital, Rameswaram weekly thrice. Since the Government Hospital, Rameswaram is a Taluk Hospital, it will be slowly upgraded and necessary infrastructure will be provided in a phased manner.

4.The learned Government Pleader appearing for the respondents, on instructions, would assure before this Court that all necessary facilities will be Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.24036 & 24536 of 2018 provided to the Government Hospital, Rameswaram and if there is any proposal for filling up the vacant posts or seeking facilities submitted by the Joint Director, Health and Family Welfare Department, Ramanathapuram District, the same would be considered and necessary action would be taken without any delay.

5.In view of the said submission, we direct the the Joint Director of Health and Family Welfare Department, Ramanathapuram District, depending upon the necessity, to submit a proposal to the 1st respondent for filing up the vacant posts and also for sanction of the amount for providing facilities to the Government Hospital. On receipt of the same, the 1st respondent is directed to take necessary action as early as possible, preferably, within a period of four weeks from the date of receipt of the proposal.

6.With the above direction, these Writ Petitions are disposed of. No costs.



                                                             [D.K.K., A.C.J.] & [M.S.Q., J.]
                                                                           06.09.2024

                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva

                Page 5 of 7

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.24036 & 24536 of 2018 To

1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai-600 009.

2.The Director, Directorate of Public Health and Preventive Medicine, D.M.S.Campus, Thenampet, Chennai.

3.The Joint Director, Directorate of Public Health and Preventive Medicine, Sekilraja Street, Ramanathapuram District.

4.The District Collector, Office of the District Collector, Ramanathapuram District.

5.The Director, Health and Family Welfare Department, Thenampet, Chennai-06.

6.The Joint Director, Health and Family Welfare Department, Kenikarai, Ramanathapuram District.

7.The Dean, Government Hospital, Ramanathapuram.

8.The Medical Officer, Government Hospital, Rameswaram.

Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.24036 & 24536 of 2018 D.KRISHNAKUMAR, A.C.J. AND MOHAMMED SHAFFIQ, J.

Yuva W.P.(MD)Nos.24036 & 24536 of 2018 06.09.2024 Page 7 of 7 https://www.mhc.tn.gov.in/judis