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2026 DAILYLAW 52995 (MAD)

Ajeesh Mohamed R v. The Principal Secretary

WP(MD)/17021/2026 · 2026-07-13

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD) No. 17021 of 2026 __________ Page1 of 8 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL WP(MD) No. 17021 of 2026 Ajeesh Mohamed R ..Petitioner(s) Vs 1. The Principal Secretary State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009. 2. The Principal Secretary, State of Tamil Nadu, Public Works Department, Fort St.George, Chennai - 600 009. 3. The Director, Directorate of Public Health and Preventive Medicine, DMS Complex, Thennampettai, Chennai - 600009. 4. The District Collector, Office of the District Collector, Madurai District - 625020. 5. The District Health Officer, Office of the District Health Officer, Viswanathapuram, Madurai District - 625014. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page2 of 8 Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the Respondents to provide stationed ambulance service, proper infrastructural staff quarters, adequate number of Medical Officers, Staff Nurses and supporting personnel and all other infrastructural facilities mandated under the National Rural Health Mission Guidelines and Indian Public Health Standards to the Vellalapatti Primary Health Centre, Melur Taluk, Madurai District in the interest of the public within the time stipulated by this Court. For Petitioner(s): Dr.R.Alagumani For Respondent(s): Mr.K.K.Udayakumar Counsel for State ORDER (Order of the Court was made by C.V.Karthikeyan J.) This writ petition has been been filed in the nature of Public Interest Litigation seeking a mandamus to the respondents to provide stationed ambulance service and proper infrastructural staff quarters, adequate number of Medical Officers, Staff Nurses and supporting personnel and other infrastructural facilities as directed under the National Rural Health Mission Guidelines and by the Indian Public Health Standards to Vellalapatti Primary Health Centre at Melur in Madurai district. https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page3 of 8 2.The writ petitioner has raised a grievance that there is no proper medical facility extended at the Primary Health Centre at Vellalapatti in Melur Taluk for the residents of Vallalabatti village. It had been contended that though there are two sanctioned posts of Medical Officers only one Medical Officer is functioning and one post is kept vacant. It had been further contented that the facilities provided to the Staff Nurses in the infrastructure facilities provided to the Staff Nurses and also the amenities provided to them are not to the standards. It is further contented that the ambulance is located only at Melur and it takes quite some time for it to reach the Vallalapatti to provide emergency services to those who require the same. It is under those circumstances, the present writ petition had been filed in the nature of a Public Interest Litigation. 3.Notice had been directed and status report had been filed by the District Health Officer, Madurai, who is the fifth respondent in the writ petition. In his status report, it had been stated it had been contended as follows: “3. It is humbly submitted that the Government Primary Health Centre A. Vellalapatti is one among those additional primary health Centers and provides primary medical services to the public within its territory. 4. I submit that GPHC Vellalapatti has sanctioned with the nine posts of both Medical and Para Medical Staffs along with basic service workers. This strength is adequate to manage emergency conditions, provide primary treatment, and stabilize patients before referral. The details of the sanctioned posts are tabulated hereunder. https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page4 of 8 Sl. No Name of the Post Sanct ioned In positi on Vacant Remarks 1 Medical Officer 2 2 0 1 Medical Officer is on diversion and discharging the incharge responsibilities of Vellalore Block 2 Pharmacist 1 1 0 3 Staff Nurse 4 3 1 Vacancy will be filed by fresh appointment or by transfer 4 Laboratory Technician 1 1 0 5 Auxiliary Nurse Midwife 1 1 0 6 Sector Health Nurse 1 1 0 7. Village Health Nurse 4 4 0 8 Health Inspector 1 1 0 9 Multipurpose Health Worker 2 2 0 5.I submit that in view of the available staff strength detailed above, the petitioner's averments regarding shortage of manpower are entirely baseless and unfounded. Furthermore, the petitioner has failed to produce any evidence substantiating his allegation that the toilets at Government Primary Health Centre A. Vellalapatti are in an unhygienic or unusable condition. Falling under the category of an Additional Primary Health Centre, Government Primary Health Centre A. Vellalapatti is serving the public to the optimum level of its sanctioned capacity and efficiently refers patients requiring tertiary care to the nearest higher medical facility. 6. I submit that the documentary and photographic evidence at establishing the adequate infrastructural facilities available Government Primary Health Centre A. Vellalapatti are submitted herewith for the kind evaluation of this Hon'ble Court. It is further submitted that https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page5 of 8 whenever emergency transit services are required for needy patients, ambulance services are promptly requisitioned from the nearest Melur Government Hospital. 7.It is submitted that as per the National Health Mission (NHM) norms, one Basic Life Support (BLS) ambulance per 100,000 population and one Advanced Life Support (ALS) ambulance per 500,000 population are provided. Since the petitioner has failed to establish that any member of the public was ever deprived of emergency services at Government Primary Health Centre A. Vellalapatti, the claims made in the writ petition are devoid of merits. 8.It is submitted that the single vacant post of Staff Nurse at Government Primary Health Centre A. Vellalapatti will be filled up, as and when the Director of Medical and Rural Health Services conducts the routine transfer or appointment process for the said post.” 4.It had been contended that a Senior Professional experienced person in the Hospital Administration, who was the Medical Officer at Primary Health Center at Vellalapatti had been placed to Vellalore Block Primary Health Center. But however, to address the grievances of the writ petitioner, another Doctor from the Government Primary Health Center, T.Pudupatti has now been placed to serve at the Primary Health Center at Vallalapatti on and from 03.07.2026. 5.Learned Counsel for the petitioner contended that the ambulance located at Melur is at quite some distance and therefore, some steps should be taken to have an ambulance located very close to Vellalapatti. https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page6 of 8 6.Learned Counsel for the State however, stated that within 10 minutes, the ambulance could arrive from Melur. It is also contended that all the ambulances are connected with 108 emergency number and if that number is contacted, the ambulance which is closest, would come to the assistance of those who seek it. 7.It is hoped that the services of both the Medical Officers would continue and there would not be any further diversion of the Medical Officers to other Primary Health Centres or to other Block Primary Health Centres. The status report of the District Health Officer is recorded and this writ petition stands closed. The petitioner is always at liberty to come again before this Court in case there is once again shortage of Medical Officers or any other facilities in the Primary Health Centre. There shall be no order as to costs. (C.V.K.,J.) (R.S.V.,J.) 13-07-2026 Index : Yes / No NCC : Yes / No ta https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page7 of 8 C.V.KARTHIKEYAN, J. AND R.SAKTHIVEL, J. ta WP(MD) No. 17021 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis WP(MD) No. 17021 of 2026 __________ Page8 of 8 To 1. The Principal Secretary State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009. 2. The Principal Secretary, State of Tamil Nadu, Public Works Department, Fort St.George, Chennai - 600 009. 3. The Director, Directorate of Public Health and Preventive Medicine, DMS Complex, Thennampettai, Chennai - 600009. 4. The District Collector, Office of the District Collector, Madurai District - 625020. 5. The District Health Officer, Office of the District Health Officer, Viswanathapuram, Madurai District - 625014. https://www.mhc.tn.gov.in/judis