Bakyalakshmi v. Ministry Of Health And Family Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 11003 of 2024 Bakyalakshmi ... Petitioner Vs

1. Ministry of Health and Family Welfare, Represented by its Secretary, Near Fort St.George, Secretariat, Chennai - 600 009.

2. Tamil Nadu Medical Council, Represented by its Registrar, New No. 914, Old No. 569, Poonamallee Road, Arumbakkam, Chennai - 600 106.

3. Billroth Hospitals, No. 43, Lakshmi Talkies Road, Chennai - 600 030.

4. Dr. Chakravarthy ... Respondents 1/5

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents preventing this kind of disgraceful culpable acts from the third and fourth respondents Billroth Hospitals and Dr. Chakravarthy, Head of Covid-19 Doctors team they should be immediately punished by suspending from the medical association from the interest of justice. The governing committee of the appropriate agencies shall form an inquiry committee abruptly under the provisions of appropriate law and rule to take appropriate actions against the third and fourth respondents i.e. the management of Billroth Hospital and Dr. Chakravarthy.

For Petitioner : Mr. M.Leo Prabhu For Respondents : Mr. S.Nedunchezhiyan (for R2) Mr. R.Chandrasudan (for R3) Mr. M.Sakthivinayagam (for R4) No appearance (for R1)

O R D E R

The Writ Petition has been filed for directing the first and second respondents preventing this kind of disgraceful culpable acts from the third and fourth respondents and they should be immediately punished by suspending from the medical association from the interest of justice. The 2/5

governing committee of the appropriate agencies shall form an inquiry committee abruptly under the provisions of appropriate law and rule to take appropriate actions against the third and fourth respondents.

2. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the second respondent is directed to conduct enquiry after issuance of notice to the petitioner and the fourth respondent and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

3. With the above direction, this writ petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 25.06.2024 Index:Yes/No kv 3/5

To

1. The Secretary, Ministry of Health and Family Welfare, Near Fort St.George, Secretariat, Chennai - 600 009.

2. The Registrar, Tamil Nadu Medical Council, New No. 914, Old No. 569, Poonamallee Road, Arumbakkam, Chennai - 600 106.

3. Billroth Hospitals, No. 43, Lakshmi Talkies Road, Chennai - 600 030.

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G.K.ILANTHIRAIYAN, J.

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