Mrs.Nalayani, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 10268 of 2019 and W.M.P. No. 10812 of 2019 Mrs. Nalayini, Mother of Critical Patient Mr. Selvakumar ... Petitioner -vs1.The Union of India, Rep. By its Medical Council of India, Department of Health, Government of India, New Delhi.

2.The Medical Council of India, Rep. By its Branch office at Kilpauk, Chennai 600 010.

3.The Under Secretary, Health and Family Welfare Department, St. George Fort, Secretariat, Chennai 600 009.

4.Dr. J. Amudhan, Victory Hospital, 32, Arappalayam Main Road, Madurai 625 016.

5.Dr. J. Kannan, St. Thomas Hospital, 5/105, Defence Colony Road, St. Thomas Mount, Chennai 600 016.

6.Dr. Sujay Susikar, Fortis Malar Hospital, No.52, 1st Main Road, Gandhi Nagar Main Road, Adyar, Chennai 600 020.

7.Dr. Ramya Dr. Kamakshi Memorial Hospital, No.1, Radial Road, Pallikaranai, Chennai 600 100.

8.The Commissioner of Police, Greater City Chennai Police, Vepery, Chennai 600 007.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to take necessary under instruction of Indian Medical Association representation letter and dispose as per direction at the earliest in Ref. No. TNMC/D.C.No.160/2018 dated 26.12.2018 against the respondents 4 to 7 as per the provision of Medical Counsel Act. For Petitioner :

Mr. A. Punithavanan For Respondents:

Mr. J. Madhanagopal Rao, (for R1) Central Government Standing Counsel Mr. G. Sankaran, (for R2) Standing Counsel Mr. M. Karthikeyan, (for R3 & R8) Additional Government Pleader No appearance, (for R4 to R7)

O R D E R

The Writ Petition is filed for a direction to the Second Respondent to take action on the representation dated 26.12.2018 in Ref. No. TNMC/ D.C.No.160/2018.

2.

It is represented by Mr. G. Sankaran, Learned Standing Counsel appearing for the Second Respondent that the representation of the Petitioner received from the Indian Medical Council has been disposed of by order dated 04.09.2019 and he has produced a copy of the same. Learned Counsel for the Petitioner has also acknowledged its receipt. Nothing remains for further consideration in the matter.

3.

Recording the aforesaid subsequent events, the Writ Petition is disposed. It is needless to add here that if the Petitioner is still aggrieved, it is open to her to pursue appropriate remedy for the same impleading necessary parties

before the proper forum, in the manner recognized by law. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Medical Council of India, Union of India, Department of Health, Government of India, New Delhi.

2.The Medical Council of India, Rep. By its Branch office at Kilpauk, Chennai 600 010.

3.The Under Secretary, Health and Family Welfare Department, St. George Fort, Secretariat, Chennai 600 009.

4.The Commissioner of Police, Greater City Chennai Police, Vepery, Chennai 600 007.

+1 cc to M/s.G.Sankaran Advocate sr79471 +1 cc to Government Pleader sr80215 W.P. No. 10268 of 2019 rp(co) aa25/09/2019