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Madras High CourtWP/783/2023disposed of

M.Minnalkodi v. The Secretary Government

2024-04-16Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Minnalkodi ... Petitioner Vs.

1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, St George Fort, Chennai - 600 009.

2.The Director, Directorate of Medical and Rural Health Service, No.258 DMS Campus, Anna Salai, Thenampet, Chennai - 18.

3.The Dean, Government Kilpauk Medical College and Hospital, Kilpauk, Chennai - 600 010.

4.Dr.Devaki 5.Dr.Parimala ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner representation on 09.12.2022.

For Petitioner : Mr.M.Murugesan For R1 to R3 : Mr.K.Tippu Sultan Government Advocate

O R D E R

The petitioner submitted a representation alleging medical negligence against the Doctors, who had performed surgery on the petitioner's son. Subsequently, the son of the petitioner died. The surgery was performed by the respondents 4 and 5 along with other staff members.

2. Since the allegations set out in the complaint are serious in nature and the patient died after surgery. The 2nd respondent is directed to conduct an enquiry by affording opportunity to the writ petitioner and pass orders on merits and in accordance with law and communicate the same to the petitioner. The said exercise is directed to be completed within a period of

four (4) months from the date of receipt of a copy of this order.

3. With the above directions, this Writ Petition stands disposed of. No costs.

16.04.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, St George Fort, Chennai - 600 009.

2.The Director, Directorate of Medical and Rural Health Service, No.258 DMS Campus, Anna Salai, Thenampet, Chennai - 18.

3.The Dean, Government Kilpauk Medical College and Hospital, Kilpauk, Chennai - 600 010.

S.M.SUBRAMANIAM, J.

Jeni 16.04.2024