G.Velayutham, v. Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2017
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No. 22066 of 2016 G. Velayutham .. Petitioner
Versus
1. Managing Director Ramana Maharishi Rangammal Hospital Athiyandhal Thiruvannamalai - 606 603
2. The Regional Medical Officer Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) Dhanvantari Nagar Puducherry - 605 006
3. Sub-Inspector of Police Kiramiya Police Station Thiruvannamalai .. Respondents Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the second respondent to issue wound certificate to the petitioner in respect of the treatment given to the son of the petitioner from 18.06.2014 to 22.06.2014 for the grievous injuries sustained in an accident for which the petitioner has lastly made a representation dated 08.06.2016 to the respondents, particularly to the second respondent.
For Petitioner : Mr. R. Malaichamy For Respondents : Mr. M.T. Arunan for R2 Mr. A. Kumar Special Government Pleader for R3
ORDER
The petitioner has come forward with this writ petition seeking to issue appropriate direction to the second respondent to issue the wound certificate in favour of his son who has taken treatment in the hospital of the second respondent from 18.06.2014 to 22.06.2014 by considering his representation dated 08.06.2016 2.
The grievance of the petitioner is that his son met with a road accident on 18.06.2014 and sustained grievous injuries. The petitioner's son was immediately taken to the hospital of the first respondent where first aid was given to him. Thereafter, the son of the petitioner was referred to the hospital of the second respondent for better treatment. After discharge from the hospital, the petitioner requested the second respondent to issue wound certificate so as to enable him to file appropriate application seeking compensation for the injuries sustained by his son. However, inspite of his representation, the second respondent has not issued the wound certificate, hence, this writ petition has been filed. 3.
Today, when the writ petition is taken up for hearing, the learned counsel appearing for the second respondent filed a counter affidavit and also produced a treatment certificate dated 02.07.2016 issued by the Senior Resident of Neurosurgery attached to the hospital of the second respondent, which reads as follows:- "This is to certify that patient by name Mr. Ezhumalai, Son of Velayudam 11Y/M Hospital No.G066886 attended JIPMER emergency Medical Service on 18.06.2014 with alleged history of RTA.
On examination, he was opening his eyes spontaneously, obeying commands and verbally oriented. Abrasion over right elbow joint, knee, hand and forehead. CT scan shown right temporal EDH.
He underwent craniotomy evacuation.
He was discharged on 22.06.2014.
Nature of injury - Grievous.
4.
A perusal of the treatment certificate issued by the second respondent would disclose the nature of injury suffered by the petitioner's son and the period of his treatment. Even though it is not worded as "Wound Certificate" it is clearly stated that the petitioner's son was treated in their hospital from 18.06.2014 to 22.06.2014 and the nature of injuries is sustained is "grievous". This Court is of the view that such certificate issued by the second respondent is sufficient for
the petitioner to proceed with filing appropriate application seeking compensation before the appropriate Court and no further directions need be issued in this writ petition as prayed for. In such view of the matter, the writ petition is closed. No costs.
sd/ Assistant Registrar(CS II) /true copy/ Sub Assistant Registrar To
1. Managing Director Ramana Maharishi Rangammal Hospital Athiyandhal Thiruvannamalai - 606 603
2. The Regional Medical Officer Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) Dhanvantari Nagar Puducherry - 605 006
3. Sub-Inspector of Police Kiramiya Police Station Thiruvannamalai +1cc to Mr.R.Malaichamy, Advocate SR.No.6665. +1cc to Mr.M.T.Arunan Advocate Sr.No.6670 +1cc to Government Pleader SR.No.6988 WP No. 22066 of 2016 PK(CO) GN(15/02/2017)