Ajay @ Ajith v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11600 of 2023 Ajay @ Ajith .. Petitioner Vs.
1. The Secretary to Government Health and Family Welfare Department, Government of Tamil Nadu,
2. The Director Directorate of Medical and Rural Health Service, DMS Complex, No.356-361, Anna Salai, Chennai-6.
3. The Principal Secretary to Government, Indian Medicine and Homoeopathy Department, Government of Tamil Nadu,
4. The Director Indian Medicine and Homoeopathy, Arumbakkam, Chennai-106.
5. The Registrar Tamil Nadu Sidha Medical Counsel, Arumbakkam, Chennai-106.
6. The Director General of Police,
Police Head Quarters, Mylapore, Chennai- 4.
7. The Inspector of Police R.8 Vadapalani Police Station, Vadapalani, Chennai-26.
8. M/s.PuthurKattu Bone and Joint Centre Pvt. Ltd., Shop No.2, A Block, Housing Board Complex, 100 Feet Road, Vadapalani, Chennai-26.
9. R.Sivasamy Velumani Raja Managing Director, M/s.Puttur Kattu Bone and Joint Centre (P) Ltd.
10. Soundarapandian Ananthiprabha
11. The State Drug Licensing Authority, (IM) Tamil Nadu, Arumbakkam, Chennai- 106.
12. Dr.Nansi Girubamani, BSMS
13. Dr.M.Mydhili, BNYS
14. Dr.Reeshma Abdul Muthaleep, MD
15. Dr.C.Aruna MD (Siddha)
16. C.Ramaraj B.Sc.
..Respondents Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the director, Indian Medicine and
Homoeopathy, Arumbakkam, Chennai-106 the 4th respondent herein and the Registrar, Tamil Nadu Sidha Medical Counsel, Arumbakkam, Chennai106 the 5th respondent herein to conduct a detailed enquiry with the M/s.Putturkattu Bone and Joint Centre Pvt Ltd the 8th respondent herein and verify the genuineness of their registration doctors who attended the petitioner and medicines used by them and to give detailed report to the Inspector of Police the 7th respondent herein and also to the petitioner and direct the 7th respondent police to take appropriate legal action on the 8th respondent herein.
For Petitioner : Mr. R.Sampath kumar For Respondents : Mr.E.Veda Bagathsingh, SGP RR1 & 2
O R D E R
This writ petition has been filed seeking a direction to the director, Indian Medicine and Homoeopathy, Arumbakkam, Chennai-106 the 4th respondent herein and the Registrar, Tamil Nadu Sidha Medical Counsel, Arumbakkam, Chennai-106 the 5th respondent herein to conduct a detailed enquiry with the M/s.Putturkattu Bone and Joint Centre Pvt Ltd, the 8th respondent herein and verify the genuineness of their registration, doctors who attended the petitioner and medicines used by them and to give detailed report to the Inspector of Police the 7th respondent herein and also to the petitioner and direct the 7th respondent police to take appropriate legal
action on the 8th respondent herein.
2. It is the case of the petitioner that the petitioner got injury on 21.05.2022, he has taken treatment with the 8th respondent on 21.05.2022. The 8th respondent have given wrong treatment which leads to amputation of the petitioner's left leg. Thereby, the petitioner made a complaint before the jurisdictional police station viz., 7th respondent against the 8th respondent and the said complaint was registered in CSR. No.315/2022 but no action was taken. Hence, the present petition.
3. The learned counsel for the petitioner submitted that this Court may direct the 4th respondent to consider the petitioner's representation and pass appropriate orders within the reasonable time as fixed by this Court.
4. Heard the learned counsel on either side and perused the materials available on record. Since no adverse order are passed against the 8th respondent and hence notice to the 8th respondent is dispensed with.
5. Considering the facts and circumstances of the case and in view of
the limited request made by the learned counsel for the petitioner, this Court directs the 4th respondent to consider the petitioner's representation dated 11.06.2022 and pass appropriate orders after providing opportunity to the petitioner as well as the 8th respondent, on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. No costs. 18.04.2023 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1. The Secretary to Government Health and Family Welfare Department, Government of Tamil Nadu,
2. The Director Directorate of Medical and Rural Health Service, DMS Complex, No.356-361, Anna Salai, Chennai-6.
3. The Principal Secretary to Government, Indian Medicine and Homoeopathy
Department, Government of Tamil Nadu, M.DHANDAPANI,J.
rli
4. The Director Indian Medicine and Homoeopathy, Arumbakkam, Chennai-106.
5. The Registrar Tamil Nadu Sidha Medical Counsel, Arumbakkam, Chennai-106.
6. The Director General of Police, Police Head Quarters, Mylapore, Chennai- 4.
7. The Inspector of Police R.8 Vadapalani Police Station, Vadapalani, Chennai-26.
8. The State Drug Licensing Authority, (IM) Tail Nadu, Arumbakkam, Chennai- 106.
W.P.No.11600 of 2023 18.04.2023