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2025 DAILYLAW 124200 (MAD)

G.Sundar @ Sundaram Chettiar v. The Director of Public Health and Preventive Medicine

WP(MD)/5187/2025 · 2025-07-11

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.5187 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025 CORAM: THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.5187 of 2025 and W.M.P(MD)No.3795 of 2025 G.Sundar @ Sundaram Chettiar, S/o.Govindarajan, Assistant Surgeon, Government Primary Health Center, Palayapatti, Thanjavur District. ... Petitioner -vs- 1. The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, No. 64/65, Main Road, Chockalingam Nagar, Teyanampet, Chennai-6. 2. The District Collector, Sivagangai. 3. The District Health Officer, Public Health and Preventive Medicine, Collectorate Complex, Sivagangai. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5187 of 2025 4. The Sub-Collector, Devakottai, Sivagangai District. 5. Ms.Shanthi, The Tahsildar / Personal Assistant to Revenue Divisional Officer, Devakottai, Sivagangai District. 6. R. Haritha (R6 is impleaded vide court order dated 10.06.2025 in WMP(MD)No.11684 of 25 in WP(MD)No.5187 of 2025 by SMSJ and ADMCJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorari to call for the records pertaining to the impugned order of the 3rd respondent in Na.Ka.No.6911/A4/2023 dated 04.02.2025 and quash the same as illegal. For Petitioner : Mr.G.Prabhu Rajadurai for Mr.J.Anandkumar For R1 to R4 : Mr.M.Sarangan Additional Government Pleader For R5 : No Appearance For R6 : Mr.A.Mohan for Mr.G.Aravinthan ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted challenging the inter departmental proceedings between the District Health Officer and the Director of Public Health and Preventive Medicine. Inter-Departmental proceedings would provide no cause for institution of writ proceedings. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5187 of 2025 2. The learned counsel appearing for the petitioner would submit that the District Health Officer is not the competent authority to determine the genuinity of the community certificate through which an employee secured appointment. Therefore, the order has to be set aside on the ground of want of jurisdiction. 3. The learned Additional Government Pleader appearing for the respondents 1 to 4 would oppose by stating that it is only an inter departmental communication between the District Health Officer and Director of Public Health and Preventive Medicine. The District Health Officer provided certain informations to the Director of Public Health and Preventive Medicine based on the order of the Sub Collector on 25.01.2025 for initiation of further actions and therefore, the writ petition is premature and no cause has been established. 4. This Court is of the considered opinion that the impugned letter would not constitute a cause per se. Since the District Health Officer based on the Sub Collector letter provided information to the Director of Public Health and Preventive Medicine, therefore, the Director of Public Health and Preventive Medicine has to initiate appropriate actions to refer the 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5187 of 2025 matter for conducting enquiry before the committee constituted under the chairmanship of the Director of Public Health and Preventive Medicine concern. The procedures are contemplated under G.O(MS)No.19 Backward Class, Most Backward Class and Minorities Welfare Department dated 07.05.2007. Accordingly, the committee headed by the District Collector has to conduct an enquiry to ascertain the genuinity of the community certificate of the petitioner and thereafter, all appropriate actions are to be initiated by the competent authority. At the outset, the committee constituted by the Government has to conduct an enquiry into the genuinity of the community certificate by affording opportunity to the petitioner. 5. In view of the said submission, no further consideration is required. Accordingly, the writ petition stands disposed of by affording opportunity to all the parties. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 11.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5187 of 2025 To 1. The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, No. 64/65, Main Road, Chockalingam Nagar, Teyanampet, Chennai-6. 2. The District Collector, Sivagangai. 3. The District Health Officer, Public Health and Preventive Medicine, Collectorate Complex, Sivagangai. 4. The Sub-Collector, Devakottai, Sivagangai District. 5. Ms.Shanthi, The Tahsildar / Personal Assistant to Revenue Divisional Officer, Devakottai, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5187 of 2025 S.M.SUBRAMANIAM, J. and A.D.MARIA CLETE, J. rgm W.P(MD).No.5187 of 2025 and W.M.P(MD)No.3795 of 2025 11.07.2025 6/6 https://www.mhc.tn.gov.in/judis