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Madras High CourtWP/33693/2016disposed of

V.Jagan, S/O.M.Varadhan, v. The Chief Secretary,

2016-09-23Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.33693 of 2016 & W.M.P.No.29069 of 2016 V.Jagan .. Petitioner

Versus

1.The Chief Secretary, State of Tamil Nadu, Secretariat Buildings, Fort St. George, Chennai-60 009.

2.The Secretary, Home Department, Secretariat Buildings, Fort St. George, Chennai-600 009.

3.The Secretary, State of Tamil Nadu, Health Department, Secretariat Buildings, Fort St. George, Chennai-600 009.

4.The Dean, Rajiv Gandhi Government Hospital, Madras Medical College, Chennai-3.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the respondents to admit the petitioner to any one of the Government or Private Super Specialty Hospital in the City of Chennai and to provide free and adequate medical aid to the petitioner and consequently directing the respondents 1 to 3 to take action on the representation of the petitioner, dated

22.09.2016 by conducting an enquiry in to the affairs of the fourth respondent Hospital of the premature discharge of the petitioner.

For Petitioner : Mr.E.Vijay Anand For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

Heard Mr.E.Vijay Anand, learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader, accepting notice on behalf of respondents. With consent of the learned counsel on either side, the Writ Petition itself is taken up for disposal.

2. The petitioner has filed this Writ Petition for the issuance of a Writ of Mandamus to direct the respondents to admit the petitioner's father to any one of the Government or Private Super Speciality Hospital in the City of Chennai and to provide free and adequate medical aid to the petitioner's father and consequently to direct respondents 1 to 3 to take action on the representation of the petitioner, dated 22.09.2016 by conducting an enquiry into the affairs of the fourth respondentHospital of the premature discharge of the petitioner's father.

3. The petitioner is the son of Thiru.S.Varadhan, who sustained injuries in a road traffic accident, which occurred (on the early morning) at about 3.30 a.m., on 19.09.2016, on account of a luxury car, being driven at high speed. Apart from the petitioner's father, 9 other persons were also injured and one another person succumbed to the injuries.

4. The petitioner's case is that though his father had been admitted to the Government General Hospital, Chennai at about 5.30 a.m., he has been compulsorily sent out of the hospital and the petitioner's signature was obtained as if on their own volition, they sought for discharge. However, the petitioner's case is that his father is suffering in great pain and he is at his house and they do not know the exact reason as to why, he has been discharged from the hospital, that too, the petitioner was compelled to sign in the discharge report. To rule out any other issues in the matter, this Court deems it appropriate that the petitioner's father should be admitted in Omandurar Super Multi Specialty Hospital, Chennai, by today, at 5.30 p.m and the Doctors on duty, shall examine him and keep him under observation for two days.

5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

r n s To 1.The Chief Secretary, State of Tamil Nadu, Secretariat Buildings, Fort St. George, Chennai-60 009.

2.The Secretary, Home Department, Secretariat Buildings, Fort St. George, Chennai-600 009.

3.The Secretary, State of Tamil Nadu, Health Department, Secretariat Buildings, Fort St. George, Chennai-600 009.

4.The Dean, Rajiv Gandhi Government Hospital, Madras Medical College, Chennai-3.

+1 CC to Mr. E. Vijay Anand, Advocate Sr.No.54284 W.P.No.33693 of 2016 & W.M.P.No.29069 of 2016 TRM (CO) MD : 23/09/2016