N.Ravi v. The Director General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.17685 of 2022 and WMP No.16916 of 2022 N.Ravi .... Petitioner .Vs.

1.The Director General Indian Council of Medical Research V.Ramalingaswami Bhawan P.O.Box No.4911, Ansari Nagar New Delhi-110029.

2.The Secretary to Health Department Chief Secretariat Puducherry.

3.The Director Directorate of Health & Family Welfare Services Health Department Puducherry.

4.The State Coordinator Department of Health and Family Welfare Services Office of the Deputy Director (Public Health) District Registering Authority, CEA 2010 Puducherry.

5.The Dean 1 / 6

Puducherry Institute of Medical Sciences Hospital Kalapet, Puducherry.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to letter No. 349 / DD(PH) / DRA CEA 2010 / 2021-22 dt. 21.10.2021 issued by the fourth respondent and quash the same as illegal and unconstitutional in so far it is in violation of Principles of Natural Justice and further direct the third and fourth respondent to conduct discreet enquiry against the fifth respondent based on the petitioner's representation dated 28.08.2021 by providing him an opportunity to participate in the enquiry.

For Petitioner :

Mr.G.Chandrasekaran For Respondents :

Mr.A.Tamilvanan Additional Government Pleader for R2 to R4

ORDER

This writ petition has been filed challenging the impugned letter dated 21.10.2021, issued by the 4th respondent and for a consequential direction to the 3rd and 4th respondents to conduct an enquiry against the 5th respondent based on 2 / 6

the representation made by the petitioner on 28.8.2021, by providing an opportunity to the petitioner.

2.The case of the petitioner is that his mother Kanniyammal tested Covid positive and was admitted in the 5th respondent hospital on 07.6.2021. According to the petitioner, his mother was stable and all her vitals were normal. On 10.6.2021 at about 10.00 am., the petitioner was informed that his mother was in a critical stage. When the petitioner rushed to the hospital he was informed that his mother did not co-operate to wear oxygen mask and therefore, struggling for breath. She died on the same day at 11.50 a.m.

3.The petitioner has alleged negligence on the part of the 5th respondent. Hence, he gave a complaint for conducting an enquiry and to take action against the 5th respondent. The 4th respondent through communication dated 21.10.2021, informed the decision taken by the Committee to the effect that the 5th respondent had taken proper care of the petitioner's mother and that the death was caused not due to negligence but since the patient suffered severe Covid Pneumonia, dilated 3 / 6

Cardiomyopathy and AKI on CKD. Aggrieved by the same, the present writ petition has been filed before this Court.

4.When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents produced the communication received from the 3rd respondent. It is seen that that 3rd respondent is willing to form an enquiry committee consisting of five senior medical officers and to enquire the complaint given by the petitioner after affording opportunity to the petitioner.

5.In the light of the above development, it is not necessary for this Court to go into the various allegations made by the petitioner. It will suffice if the above instructions are recorded and there shall be a direction to the 3rd respondent to constitute the committee and conduct the enquiry after affording opportunity to the petitioner. The entire process shall be completed by the 3rd respondent within a period of three months from the date of receipt of copy of the order. 6.This writ petition is disposed of with the above directions. 4 / 6

No costs. Consequently, connected miscellaneous petition is closed. 19.8.2025 Index : Yes/No NCS : Yes/No KP To 1.The Director General Indian Council of Medical Research V.Ramalingaswami Bhawan P.O.Box No.4911, Ansari Nagar New Delhi-110029.

2.The Secretary to Health Department Chief Secretariat Puducherry.

3.The Director Directorate of Health & Family Welfare Services Health Department Puducherry.

4.The State Coordinator Department of Health and Family Welfare Services Office of the Deputy Director (Public Health) District Registering Authority, CEA 2010 Puducherry.

5.The Dean Puducherry Institute of Medical Sciences Hospital Kalapet, Puducherry.

N.ANAND VENKATESH, J.

KP 5 / 6

Writ Petition No.17685 of 2022 19.8.2025 6 / 6