THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.342 OF 2021
ORDER:-
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue a writ, order or a direction, more
particularly one in nature of Writ of Mandamus directing the
respondents to Transfer the Petitioner either to SSKCM ZPHS
Santhanuthalapadu of Santhanuthalapadu Mandal or ZPHS Vallur of Tanguturu Mandal or ZPHS Alakurapadu of Tanguturu Mandal, Prakasam District on medical grounds in the ensuing transfers to be effected by the respondents by considering representation of the petitioner dated 23.11.2020 to the 3rd respondent and the Order of this Hon'ble Court in W.P.No.23247/2020 dated 10.12.2020 without reference to the proceedings of the 3rd respondent in Rc.No.7630/A3/2013 Dated 22.12.2020 as those places are near to Ongole and also blocked, since the petitioner is taking treatment at AMRUTHA Heart Hospital, Ongole for his Heart and Lung diseases and diabetes and pass........"
2. Though the petitioner made several allegations against the respondents, during hearing, Sri G.Venkata Krishnaiah, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to respondent No.3 to dispose of the representation submitted by the petitioner on 23.11.2020.
3. Learned Government Pleader for Services-III appearing for the respondents readily agreed to dispose of the representation of the petitioner dated 23.11.2020, if any, pending with the respondent authorities.
4. In view of the submission of the learned Government Pleader for Services-III, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no 2 such direction be issued, in view of the judgment of the Apex Court in the case of The Government of India v. P.Venkatesh1, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation, dated 23.11.2020, submitted by the petitioner, I find no other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing respondent No.3 to dispose of the representation submitted by the petitioner on 23.11.2020, in accordance with law, within a period of one month from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 6.1.2021 Note:-
Furnish C.C. tomorrow.
B/O AMD 1 2019 (8) SCALE 544 3 9 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.342 OF 2021 Date : 06.01.2021 AMD