C.Gopikrishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.Gopikrishnan ... Petitioner Vs.

1. The State Of Tamil Nadu, Rep by its Secretary To Government Health And Family Welfare Department, Secretariat, Chennai- 600 009.

2. The District Collector, Kallakurichi District, Kallakurichi.

3. The Dean, Rajiv Gandhi Government General Hospital, Chennai-600 003.

4. Dr.Aju Bosco M.S. Ortho., DNS (Ortho)., FNB (Spine) Assistant Professor Of Orthopedics, Thanatology, Institute Of Orthopedics, Rajiv Gandhi Government General Hospital, Chennai-03.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd and 4th respondents to give proper advanced treatment to the son of the petitioner 1/5

Master Prassana in order to make him walk normally as he was earlier or to pay a reasonable compensation for the petitioner's son in order to lead his future life.

For Petitioner : Mr.A.G.Rajan For Respondents :

(for R1 & R3) : Mr.J.Ravindran, AAG, assisted by Mr.K.Tippu Sulthan, Govt. Advocate;

(for R2) : Mr.V.Jeevagiridharan, AGP;

(for R4) : Mr.Antony R.Julian.

O R D E R

The relief sought for in the present writ petition is to direct respondents 3 and 4 to give advanced treatment to the son of the petitioner Master Prassana.

2. The learned counsel for the petitioner made a submission that the petitioner fell down in the School playground on 10.01.2023 and sustained injuries. Since the son of the petitioner developed pain after the treatment, he was admitted in the Hospital for advanced treatment. 2/5

3. The learned counsel for the petitioner would submit that the son of the petitioner require advanced treatment in Rajiv Gandhi Government General Hospital, Chennai.

4. Learned Additional Advocate General, appearing on behalf of respondents 1 and 3, would submit that the best available treatment in the Government Hospital will be provided to the son of the petitioner with the assistance of the Speciality Doctors. Since the son of the petitioner is a school going boy, all necessary care has to be taken by the authorities of the Rajiv Gandhi Government General Hospital at Chennai and best possible treatment is to be provided to the son of the petitioner.

5. The petitioner is at liberty to approach the authorities of Rajiv Gandhi Government General Hospital, for availing the benefit of advanced treatment.

6. With these observations, the writ petition stands disposed of. No costs.

(sha) 17.04.2024 Index : Yes Speaking Order 3/5

To

1. The State Of Tamil Nadu, Rep by its Secretary To Government Health And Family Welfare Department, Secretariat, Chennai- 600 009.

2. The District Collector, Kallakurichi District, Kallakurichi.

3. The Dean, Rajiv Gandhi Government General Hospital, Chennai-600 003.

4. Dr.Aju Bosco M.S. Ortho., DNS (Ortho)., FNB (Spine) Assistant Professor Of Orthopedics, Thanatology, Institute Of Orthopedics, Rajiv Gandhi Government General Hospital, Chennai-03.

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S.M.SUBRAMANIAM . J., (sha) 17.04.2024 5/5