W.P.No.12456/2012
1.State of Tamil Nadu, rep. by 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 District Collector, Office of the District Collector, Ramanathapuram District.
4.The Medical Superintendent, Ramanathapuram Government District Head Quarters Hospital, Ramanathapuram District.
5.The District Collector, Office of the District Collector, Madurai District.
6.The District Collector, Office of the District Collector, Tirunelveli District.
7.The District Collector, Office of the District Collector, Virudhunagar District.
8.The District Collector, Office of the District Collector, Trichy District.
9.The District Collector, Office of the District Collector, Thoothukudi District.
10.The District Collector, Office of the District Collector, Tanjavur District.
11.The District Collector, Office of the District Collector, Karur District.
12.The District Collector, Office of the District Collector, Dindigul District.
13.The District Collector, Office of the District Collector, Pudhukottai District.
14.The District Collector, Office of the District Collector, Sivagangai District.
15.The District Collector, Office of the District Collector, Kanniyakumari District.
16.The District Collector, Office of the District Collector, Theni District.
17.The Dean, Madurai Rajaji Government Hospital, Madurai.
18.The Dean, Thoothukudi Government Medical College Hospital, Thoothukudi.
19.The Dean, Government Medical College Hospital, Palayamkottai, Tirunelveli District.
20.The Dean, Government Medical College Hospital, Asaripallam, Kanniyakumari District.
21.The Dean, Government Medical College Hospital, Sivagangai District.
22.The Dean, Government Medical College Hospital, Thanjavur District.
23.The Dean, K.A.P.Viswanatham Government Medical College Hospital, Trichy District.
24.The Joint Director (Health Services), Usilampatti Government District Headquarters Hospital, Madurai District.
25.The Joint Director (Health Services), Government District Headquarters Hospital, Periyakulam, Theni District.
26.The Joint Director (Health Services), Government District Headquarters Hospital, Trichy District.
27.The Joint Director (Health Services), Government District Headquarters Hospital, Kovilpatti, Tuticorin District.
28.The Joint Director (Health Services), Virudhunagar Government District Headquarters Hospital, Virudhunagar District.
29.The Joint Director (Health Services), Government District Headquarters Hospital, Tirunelveli District.
30.The Joint Director (Health Services), Government District Headquarters Hospital, Kumbakonam, Thanjavur District.
31.The Joint Director (Health Services), Government District Headquarters Hospital, Sivagangai, Sivagangai District.
32.The Joint Director (Health Services), Government District Headquarters Hospital, Ramanathapuram District.
33.The Joint Director (Health Services), Dindigul Government District Headquarters Hospital, Dindigul District.
34.The Joint Director (Health Services), Government District Headquarters Hospital, Karur, Karur District.
35.The Joint Director (Health Services), Government District Headquarters Hospital, Pudhukottai District.
36.The Chairman, Tamil Nadu Medical Services Corporation, Pantheon Road, Chennai. ... Respondents (R5 to 36 are impleaded vide Court order dated 15.12.2016 in WMP(MD) No.17368/2016) Prayer in W.P.(MD) No.12456 of 2012: Writ Petition filed under
Article 226 of the Constitution of India praying to direct the respondents to provide MRI scan facilities to all district Government hospital in the state of Tamil Nadu, within the time stipulated by this Court, consequently, to direct the respondents to provide MRI scan facilities on free of cost to the patients living below the poverty line throughout the State of Tamil Nadu. Prayer in W.P.(MD) No.23805 of 2016 : Writ Petition filed under
Article 226 of the Constitution of India praying to direct the respondents to provide portable drinking water and hot water to the patients in all wards, direct the respondents to ensure the available of the doctors for the patients for 24 hours by filing all existing vacancies, and to provide MRI scan facility, and other infrastructure to the Government Headquarters hospital, Ramanathapuram, within the time stipulated by this Court.
!For Petitioners : Mr.R.Alagumani ^For Respondents : Mr.B.Pugazhendhi, AAG assisted by Mr.D.Muruganantham Additional Government Pleader :COMMON ORDER (Order of the Court was made by A.SELVAM, J.) These writ petitions have been filed under
Article 226 of the Constitution of India, praying to give necessary directions to the respondent in both the writ petitions to provide MRI scan facilities in Government District Headquarters Hospitals throughout the State of Tamil Nadu on free of cost to the ailing people, by way of issuing a writ of mandamus.
2.It is averred in both the writ petitions that MRI scan facilities are available particularly in Medical College Hospitals through out the State of Tamil Nadu, whereas, the same facilities are not available in Government District Headquarters Hospitals. Under the said circumstances, the ailing public are suffering like anything and therefore, these writ petitions have been filed for getting identical reliefs sought therein.
3.The learned counsel appearing for the petitioners has sparingly contended to the effect that MRI scan facilities are available only in Medical College Hospitals, whereas, such facilities are not available in Government District Headquarters Hospitals throughout the State of Tamil Nadu. Under the said circumstances, these writ petitions have been filed.
4.On the side of the respondents, counter has been filed, wherein, it is contended interalia to the effect that a separate Corporation is in existence for providing MRI scan facilities and further, the facilities sought in both the writ petitions can be given in a phased manner and therefore, both the writ petitions are liable to be dismissed.
5.The learned Additional Advocate General has also reiterated the averments made in the counter.
6.The sum and substance of the relief sought in both the writ petitions is to provide MRI scan facilities in all Government District Headquarters Hospitals in the State of Tamil Nadu. It is an admitted fact that such facilities are available only in Medical College Hospitals. As pointed out earlier, the main demand of the petitioners is to extend such kind of facilities to Government District Headquarters Hospitals so as to give free treatment to poor people.
7.Considering the genuine demand of the petitioners and also considering that such facilities are not available in Government District Headquarters Hospitals, this Court is inclined to pass the following order:
In fine, both the writ petitions are allowed without cost. The respondents are directed to provide MRI scan facilities in all Government District Headquarters Hospitals throughout the State of Tamil Nadu, within a period of one year.
To
1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai ? 600 009.
2.Managing Director, Tamil Nadu Medical Corporation Limited, No.417, Pantheon Road, 2nd Floor, Egmore, Chennai ? 600 008.
3.The Principal Secretary, Makkal Nalavalvuthurai, Government of Tamil Nadu, Fort St. Goerge, Chennai.
4.The District Collector, Office of the District Collector, Ramanathapuram District.
5.The Medical Superintendent, Ramanathapuram Government District Head Quarters Hospital, Ramanathapuram District.
6.The District Collector, Office of the District Collector, Madurai District.
7.The District Collector, Office of the District Collector, Tirunelveli District.
8.The District Collector, Office of the District Collector, Virudhunagar District.
9.The District Collector, Office of the District Collector, Trichy District.
10.The District Collector, Office of the District Collector, Thoothukudi District.
11.The District Collector, Office of the District Collector, Tanjavur District.
12.The District Collector, Office of the District Collector, Karur District.
13.The District Collector, Office of the District Collector, Dindigul District.
14.The District Collector, Office of the District Collector, Pudhukottai District.
15.The District Collector, Office of the District Collector, Sivagangai District.
16.The District Collector, Office of the District Collector, Kanniyakumari District.
17.The District Collector, Office of the District Collector, Theni District.
18.The Dean, Madurai Rajaji Government Hospital, Madurai.
19.The Dean, Thoothukudi Government Medical College Hospital, Thoothukudi.
20.The Dean, Government Medical College Hospital, Palayamkottai, Tirunelveli District.
21.The Dean, Government Medical College Hospital, Asaripallam, Kanniyakumari District.
22.The Dean, Government Medical College Hospital, Sivagangai District.
23.The Dean, Government Medical College Hospital, Thanjavur District.
24.The Dean, K.A.P.Viswanatham Government Medical College Hospital, Trichy District.
25.The Joint Director (Health Services), Usilampatti Government District Headquarters Hospital, Madurai District.
26.The Joint Director (Health Services), Government District Headquarters Hospital, Periyakulam, Theni District.
27.The Joint Director (Health Services), Government District Headquarters Hospital, Trichy District.
28.The Joint Director (Health Services), Government District Headquarters Hospital, Kovilpatti, Tuticorin District.
29.The Joint Director (Health Services), Virudhunagar Government District Headquarters Hospital, Virudhunagar District.
30.The Joint Director (Health Services), Government District Headquarters Hospital, Tirunelveli District.
31.The Joint Director (Health Services), Government District Headquarters Hospital, Kumbakonam, Thanjavur District.
32.The Joint Director (Health Services), Government District Headquarters Hospital, Sivagangai, Sivagangai District.
33.The Joint Director (Health Services), Government District Headquarters Hospital, Ramanathapuram District.
34.The Joint Director (Health Services), Dindigul Government District Headquarters Hospital, Dindigul District.
35.The Joint Director (Health Services), Government District Headquarters Hospital, Karur, Karur District.
36.The Joint Director (Health Services), Government District Headquarters Hospital, Pudhukottai District.
37.The Chairman, Tamil Nadu Medical Services Corporation, Pantheon Road, Chennai..