The Madras High Court has dismissed a petition seeking a direction to the State government to consider the petitioner’s representation of January last year making some allegations against the functioning of the Voluntary Health Services, Adyar.

Dismissing the petition by C.S. Rex Sargunam, claiming to be the president of the Tamil Nadu Health Development Association, Justice K. Chandru said the petitioner was neither a member of the society nor a member of the Trust which ran the hospital. He was not even a member of the Central Committee which guided the running of the hospital.

The panel consisted of several leading personalities including Accountant-General, Advocate-General and the District Collector. If there was any irregularity, it would not escape their attention.

Unless the petitioner was a member of the society, he could not compel an action to be initiated on the representation by him. Similarly, if a public charitable trust was not functioning for the purpose for which it had been established, the only remedy to correct such a trust was by taking recourse to Section 92 of CPC by filing a scheme suit.

The court said the description that the hospital was a “quasi-government” also did not stand to reason. Just because it was receiving some government aid it would not become quasi government.

Mr. Justice Chandru said the lands had been acquired on behalf of the society and the amount had been fully paid by the society. The patta was in its name. As regards the other question regarding payment of certain sums towards reimbursement of hospital expenses to the economically poor sections, the trust deed did not show that it had been intended to be made as a free hospital. On the other hand, the trust’s objective was to have a “no loss, no profit” running institution. Even for payment of grant towards reimbursement, it was subject to audit by the Director of Medical Services. The hospital’s other decisions in consultation with the Central Committee were all matters which came within the society’s internal administration. Further, each one of the objections raised by the petitioner, i.e., outsourcing of the pharmacy and lab, discontinuing the MLT Course and introduction of consortium had been satisfactorily explained in the counter.

  • Patta for lands is in society’s name

  • Objections raised by petitioner satisfactorily explained in counter