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Madras High CourtWP/6973/2025disposed of with direction

K.Dhamodharan v. State Of Tamilnadu

2025-10-31Honourable Mr Justice M.Dhandapani7 pages

WP.No.6973 of 2025 M.DHANDAPANI, J.

The matter is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that this Court directed the petitioner to approach the consumer forum whereas in para-3 of the order in the second line, it is stated the medical counsel shall consider the request made by the petitioner and the same needs modification. Further, the paragraph numbers have been wrongly typed and the same has to be corrected.

3. In view of the above, this Court directs the Registry to correct the paragraph numbers and to modify the third para is as follows: ''3. In view of the limited request sought for by the petitioner, this Court permits the petitioner to approach the consumer forum. The Consumer Forum shall consider the request made by the petitioner and pass appropriate orders without influencing any of the observation made in the impugned order.''

M.DHANDAPANI,J.

Rli

4. Except the above modification, remaining portion of the order dated

31.10.2025 shall stand unaltered.

5. Registry is directed to modify the above order and issue a fresh order copy.

11.03.2026 rli WP.No.6973 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 7702, 7699, 12872 and 7705 OF 2025 K.Dhamodharan Petitioner(s) Vs

1. State Of Tamilnadu Rep By, The Secretary to Government, Health And Family Welfare Department, Fort St. George, Chennai- 600 009.

2.The Directorate Of Medical Education Rep By The Director Of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-010.

3.The Government Kilpauk Medical College And Hospital (KMC) Rep By The Dean, Poonamalle High Road, Kilpauk, Chennai-010.

4.The President The Tamil Nadu Medical Council , No.959/960, Poonamalle High Road, Arumbakkam, Chennai-106.

5.The Director, Jawaharlal Institute Of Postgraduate Medical Education And Research, Jipmer Campus Road, Jipmer Campus, Puducherry, 605 006.

( R5 .Suo Motu Impleaded As Per Order Dated 25.02.2025 In Wp.6973 Of 2025 And Wmp.7699, 7702 And 7705 Of 2025 ) Respondent(s)

PRAYER: This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, to quash the report of 4th respondents ref. No. TNMC/ T.No. 3353/ 2024 dated 24.01.2025 and consequently direct the respondents to pay compensation for the damages caused by the 3rd respondent for the act of deliberate negligence and wanton carelessness towards the petitioner (now two kidneys infected) within a stipulated time.

For Petitioner(s):

M/s T.Nithya For Respondent(s):

Mrs. N. Sneha Standing Counsel For R1 To R3.

Mr. U. Baranidharan For R4.

ORDER

This petition has been filed seeking to quash the report of 4th respondents ref. No. TNMC/ T.No. 3353/ 2024 dated 24.01.2025 and consequently direct the respondents to pay compensation for the damages caused by the 3rd respondent for the act of deliberate negligence and wanton carelessness towards the petitioner (now two kidneys infected) within a stipulated time.

2. When the matter is taken up for hearing, learned counsel for the petitioner seeks permission of this Court to approach the consumer forum for the negligence committed by the Doctors who have treated the petitioner. To that effect, he has made an endorsement in the case bundle.

2. In view of the limited request sought by the petitioner, this court

permits the petitioner to approach the consumer forum. The medical counsel shall consider the request made by the petitioner and pass appropriate orders without influencing any of the order made in the impugned.

4. with the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 31-10-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.State Of Tamilnadu Rep By, The Secretary To Government, Health And Family Welfare Department, Fort St. George, Chennai600 009.

2.The Directorate Of Medical Education Rep By The Director Of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-010.

3.The Government Kilpauk Medical College And Hospital (kmc) Rep By The Dean, Poonamalle High Road, Kilpauk, Chennai-010.

4.The President The Tamil Nadu Medical Council ,

No.959/960, Poonamalle High Road, Arumbakkam, Chennai-106.

5.The Director, Jawaharlal Institute Of Postgraduate Medical Education And Research, Jipmer Campus Road, Jipmer Campus, Puducherry, 605 006.

M.DHANDAPANI J.

31-10-2025