Balasubramanian v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Balasubramanian ... Petitioner Vs

1. The Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

2. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District - 609 001.

3. The Inspector of Police, Mayiladuthurai, Mayiladuthurai District - 609 001.

4. Arun Priya Multi Speciality Hospital, Rep. by its Director, Nos.3 & 4, Pattamangala Street, Mayiladuthurai, Near Taluk Office, Mayiladuthurai - 609 001.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first to third respondents to furnish the copy of the operation theatre/Hospital premises CCTV footages of the fourth respondent Hospital dated 28.01.2024 and 29.01.2024 which has

been seized by the third respondent based on the representation given by the petitioner on 11.06.2024 within the time stipulated by this Court. For Petitioner : Mr.U.Kathiravan For Respondents : Mr.Mr.A.Gopinath, Government Advocate (Crl. Side) (for R1 to R3) Mr.Shivakumar for M/s.K.M.Vijayan Associates (for R4)

ORDER

This Writ Petition has been filed for directing the first to third respondents to furnish the copy of the operation theatre/hospital premises CCTV footages of the fourth respondent hospital, dated 28.01.2024 and 29.01.2024.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. Though the petitioner was provided with a pen drive, the petitioner is not satisfied and he is asking for CCTV footage from 10:30 a.m. to 11:30

a.m. on 29.01.2024. Therefore, this Court directed the third respondent to produce the hard disc before this Court, and the third respondent produced the entire hard disc consisting of the entire CCTV footage from 28.01.2024 to 29.01.2024. This Court viewed the entire CCTV footage and found that the son of the petitioner had undergone operation in the theatre till 10:30 a.m. on 29.01.2024, and the patient was taken out of the operation theatre. Therefore, the operation theatre was lying vacant.

4. In view of the above, the CCTV footage on 29.01.2024, from 10:30 a.m. to 11:30 a.m., is very much available and the operation theatre is lying vacant. Therefore, the directions sought for in this Writ Petition cannot be considered, and it is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed. No costs. 13.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

2. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District - 609 001.

3. The Inspector of Police, Mayiladuthurai, Mayiladuthurai District - 609 001.

4. The Director, Arun Priya Multi Speciality Hospital, Nos.3 & 4, Pattamangala Street, Mayiladuthurai, Near Taluk Office, Mayiladuthurai - 609 001.

5. The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN. J, kv 13.03.2025