1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7722 of 2011 Rural Development Center, rep. through its Secretary, T.R.Thavasi, 23, National Highway No.7, Paravai, Madurai-625 402. ... Petitioner Vs. 1. The Government of Tamilnadu, rep. by the Joint Secretary to Government Health and Family Welfare Department, Secretariat, Chennai. 2. Family Welfare Department, rep. through its Director, D.M.S. Office, 6th Floor, 258-261, Anna Salai, Teynampet, Chennai- 600 006. 3. The District Collector, Madurai Collectorate Office, Madurai - 20. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 1st respondent to dispose of the appeal dated 14.04.2011 expeditiously pending before the first respondent within a stipulated time. For petitioner .. Mr.A.Haja Mohideen For respondents .. Mr.R.Anandaraj, Government Advocate ORDER The relief sought for in this writ petition is to issue a mandamus to direct the Joint Secretary to Government, Health and Family Welfare Department, Chennai, first respondent to dispose of the appeal dated 14.04.2011 within a time frame, but the same cannot be granted as it could be seen from the pleadings and materials on record that for the very same relief, the petitioner has already filed an appeal and a writ petition. The prayer made in the writ petition in W.P.No.1440 of 2011 is as follows; "mandamus directing the respondents to comply with the second respondent's recommendation as mentioned in para https://hcservices.ecourts.gov.in/hcservices/ 2 2 of the communication Letter No.553/AC/98-21, Health, dated 11.10.2001 in the light of the petitioner's representation dated 18.01.2011 within a stipulated time." 2.The prayer made in the appeal dated 14.04.2011, sought to be disposed of, is as follows; "direct the Director of Family Welfare Department, Chennai to execute the recommendations made in Letter dated 11.10.2001 to recover the Van and surgical equipments and to withdraw the proposed unwanted Revenue Recovery Act proceedings against the Rural Development Centre, Paravai, Madurai District." 3.The averments in the present writ petition, W.P.No.1440 of 2011 as well as the appeal dated 14.04.2011 are one and the same and the cause of action is also same. In such circumstances, the relief sought for in this writ petition cannot be granted, in view of the pendency of an earlier writ petition for the very same prayer. Hence, the writ petition is dismissed. It is always open to the writ petitioner to seek for withdrawal of W.P.No.1440 of 2011 and thereafter seek for appropriate orders from this Court. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Joint Secretary to Government Health and Family Welfare Department, Secretariat, Chennai. 2. The Director, Family Welfare Department, D.M.S. Office, 6th Floor, 258-261, Anna Salai, Teynampet, Chennai- 600 006. 3. The District Collector, Madurai Collectorate Office, Madurai – 20. + 1 cc to Mr.A.Haja Mohideen, Advocate, SR No.22719 + 1 cc to The Special Government Pleader, SR No.22893 W.P.(MD) No.7722 of 2011 13.07.2011 gcg RJ/28.7.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/