Madras High Court
The Director Of Medical And Rural ... vs M/S.Rama Prasad Multispeciality ... on 7 September, 2022
W.A.Nos.1951 and 1957 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.Nos.1951 and 1957 of 2022
and
C.M.P.Nos.14261, 14277 and 14280 of 2022
1.The Director of Medical and Rural Health
Services (DMRHS), 258, DMS Complex,
Anna Salai, Teynampet, Chennai 600 018.
2.The Joint Director of Health Services and
District Appropriate Authority,
Government Hospital, Erode ... Appellants
in both Writ Appeals
vs
M/s.Rama Prasad Multispeciality Hospital,
rep. By its Authorised Signatory,
Dr.G.Geethraj,
No.75, Kalliampudur, Kunnathur Road,
Perundurai, Erode District 638 052. ... Respondent
in both Writ Appeals
Prayer: Appeals filed under Clause 15 of the Letters Patent Act against
the order dated 26.07.2022 passed in W.P.Nos.19162 and 19166 of
2022 on the file of this Court.
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W.A.Nos.1951 and 1957 of 2022
For the Appellants : Mr.J.Ravindran,
Additional Advocate-General,
assisted by Mr.A.Selvendran,
Special Government Pleader
For the Respondent : Mr.N.L.Rajah, Senior Counsel,
for Mr.S.Ashok Kumar/Caveator
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Chief Justice)
After hearing the writ appeals at length, we found that the
order under challenge dated 26.07.2022 is mainly based on the
order passed by the learned Single Judge in W.P.Nos.18572 and
18573 of 2022 dated 21.07.2022. The order aforesaid was
challenged in W.A.Nos.1758 and 1759 of 2022 and was reversed by
the Division Bench by judgment dated 05.08.2022. In the light of
the aforesaid, the challenge to the impugned order dated
26.07.2022 has been made herein with a prayer to govern it by the
judgment dated 05.08.2022 in W.A.Nos.1758 and 1759 of 2022.
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W.A.Nos.1951 and 1957 of 2022
2. It is otherwise alleged that the writ petitions were disposed
of without affording an opportunity to the writ appellants for filing a
counter justifying their action taken against the respondent/writ
petitioner and therefore, the prayer is to allow the writ appeals.
3. Learned senior counsel appearing for the respondent/writ
petitioner submits that since the order under challenge is mainly
based on the earlier judgment of the learned Single Judge dated
21.07.2022 rendered in W.P.Nos.18572 and 18573 of 2022 and the
said order having been reversed by the Division Bench in
W.A.Nos.1758 and 1759 of 2022 by judgment dated 05.08.2022,
this Court may pass appropriate order. It is, however, submitted
that certain issues raised by the writ petitioner/respondent have not
been dealt with by the learned Single Judge in the order under
challenge. One of the issues is in reference to the action initiated
by the writ appellants by issuing a show cause notice under Section
20(1) of the Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994 (in short 'the Act of 1994')
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W.A.Nos.1951 and 1957 of 2022
and without considering the reply given by the respondent/writ
petitioner to the said show cause notice, the suspension orders
under Section 20(3) of the Act of 1994 and under Section 5(2) and
6(1) of the Tamilnadu Clinical Establishment Act, 1997 (in short 'the
Act of 1997') were issued. The issue aforesaid goes to the root of
the case.
4. The other issue was that the orders under Section 20(3) of
the Act of 1994 and Sections 5(2) and 6(1) of the Act of 1997 have
been passed in a cyclostyle manner having been worded in similar
lines, despite it being passed by different authorities at different
places. Thus, it was without application of mind and accordingly,
either this Court may address the aforesaid issues or the matter
may be remanded back to the learned Single Judge for afresh
hearing of the writ petitions, however, liberty may be given to the
respondent/writ petitioner to raise all the available grounds to
challenge the orders impugned in the writ petition.
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W.A.Nos.1951 and 1957 of 2022
5. Learned Additional Advocate General appearing for the writ
appellants submits that no one has precluded the respondent/writ
petitioner to raise all issues while arguing the writ petitions before
the learned Single Judge and if this Court permits the
respondent/writ petitioner to raise those issues before the learned
Single Judge by remanding the matter back, the order impugned
may be quashed and the writ appellants may be given liberty to file
a detailed counter to justify their action, as no opportunity for filing
a detailed counter was given exposing the conduct of the
respondent/writ petitioner through relevant documents and
otherwise also, the writ petitions were decided on the first date of
hearing itself.
6. We have considered the rival submissions of the parties and
find that the impugned order was passed in reference to the order
dated 21.07.2022 in the Writ Petition Nos.18572 and 18573 of
2022. The order aforesaid was applied to the present writ petitions
and accordingly, interference in the orders of suspension under
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W.A.Nos.1951 and 1957 of 2022
Section 20(3) of the Act of 1994 and Sections 5(2) and 6(1) of the
Act of 1997 was made and the writ petitions were disposed of on
the first date of hearing without affording an opportunity to the writ
appellants to file a detailed counter justifying the action taken. The
aforesaid is one issue otherwise, the learned counsel for the
respondent/writ petitioner has raised other issues which were not
addressed by the learned Single Judge, as the writ petitions were
disposed of mainly based on the earlier judgment dated 21.07.2022
in W.P.Nos.18572 and 18573 of 2022. Since appropriate
opportunity of hearing is to be given, we accept the prayer of both
the parties to remand the matter back to the learned Single Judge
for afresh hearing with liberty to the respondent/writ petitioner to
raise all the available grounds and issues for challenge to the
impugned orders in the writ petition and at the same, the learned
Additional Advocate General is given liberty to file a detailed counter
and contest the writ petitions on available grounds.
7. Accordingly, the order dated 26.07.2022 passed in
W.P.Nos.19162 and 19166 of 2022 is quashed with remand of the
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W.A.Nos.1951 and 1957 of 2022
matter for afresh hearing and appropriate orders thereon. The
respondent/writ petitioner would be at liberty to press for interim
relief before the learned Single Judge and it is for the learned
Additional Advocate General to oppose it.
8. With the aforesaid, the writ appeals are disposed of. There
will be no order as to costs. Consequently, C.M.P.Nos.14261, 14277
and 14280 of 2022 are closed.
Looking to the urgency shown by the parties, the Registry is
directed to list the writ petitions before the roster Single Bench on
09.09.2022.
(M.N.B., CJ.) (N.M., J.)
07.09.2022
Index : Yes/No
Note to Registry:
To list W.Ps. before the
roster Single Bench on 09.09.2022.
sra
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W.A.Nos.1951 and 1957 of 2022
M.N.Bhandari, CJ.
and
N.Mala, J.
(sra)
To
1.The Director of Medical and Rural Health
Services (DMRHS), 258, DMS Complex,
Anna Salai, Teynampet, Chennai 600 018.
2.The Joint Director of Health Services and
District Appropriate Authority,
Government Hospital, Erode.
W.A.Nos.1951 and 1957 of 2022
07.09.2022
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