R.Srinithi v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP Nos. 47499 and 46777 OF 2025 R.Srinithi Petitioner(s) Vs
1. The Principal Secretary For Health And Family Welfare, Govt. of Tamil Nadu, Secretariat, 4th Floor, Fort St. George, Chennai-600 009.
2.Tamil Nadu Medical Council, Rep. By its President Dr.K.Senthil, No.914, Poonamallee High Road, Arumbakkam, Chennai-600 106.
3.VRR Diagnostics, No.87, Burkit Road, T.Nagar, Chennai-600 017. 4.Saravana Scans And Labs No.4 MGR Nagar Main Road, Ullagaram, Chennai-600 091.
5.Dr.P.Priyadarsene M.D.D.G.O Regd No.59215, No.29, TNGO Colony 3rd Street, Nanganallur, Chennai-600 091.
Respondent(s) PRAYER ; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus, (i) directing the respondents to appoint a medical expert to evaluate whether the 3rd, 4th and 5th respondents followed standard medical protocols in handling the petitioners case, (ii) directing the respondent No.1 to conduct an inquiry into VRR Diagnostics, Saravana Scans,
the respondent no.3 and 4 respectively and verify their PCPNDT registrations and compliance with mandatory guidelines and direction to the respondent No.2 to initiate disciplinary proceedings against the 5th respondent Dr.P.Priyadarsene (Reg.No.59215) for gross medical negligence and breach of standard medical protocols and to take appropriate action in accordance with the Indian Medical Council (Professional Conduct, Etiqutte and Ethics) Regulations, 2002, including suspension of her license to practice if violations are established. For Petitioner(s):
Mr.Muhammed Tareq For Respondent:
Mr.V.Baranidharan, SGP R2 Mr.E.Sundaram, GA for R1
ORDER
This petition has been filed seeking a direction to the respondents to appoint a medical expert to evaluate whether the 3rd, 4th and 5th respondents followed standard medical protocols in handling the petitioners case and directing the respondent No.1 to conduct an inquiry into VRR Diagnostics, Saravana Scans, the respondent no.3 and 4 respectively and verify their PCPNDT registrations and compliance with mandatory guidelines and direction to the respondent No.2 to initiate disciplinary proceedings against the 5th respondent Dr.P.Priyadarsene (Reg.No.59215) for gross medical negligence and breach of standard medical protocols and to take appropriate action in accordance with the Indian Medical Council (Professional Conduct, Etiqutte and Ethics) Regulations, 2002, including suspension of her license to practice if violations are established.
2. It is the case of the petitioner that the petitioner has taken treatment for lower abdominal pain and abnormal heavy bleeding from the 5th respondent, in which, the 5th respondent directed the petitioner to take a scan in the 4th respondent. The 4th respondent has given improper medical report to the
petitioner which lead to the 5th respondent wrong treatment to the petitioner. Therefore, the petitioner has filed the present writ petition with the above said prayer.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents 1 & 2 to enquire into the matter and take appropriate action against the private respondents within the stipulated time as fixed by this Court.
4. The learned Special Government Pleader appearing for the second respondent submitted that the enquiry will be conducted if the petitioner makes an application before the official respondents.
5. Heard the learned counsel for both side and perused the materials available on record. Since no adverse orders are passed against the respondents 3 to 5, notice to them is dispensed with.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the petitioner to make a representation to the second respondent under the Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the second respondent shall conduct enquiry and pass appropriate orders within a period of four weeks, thereafter, after providing opportunity to the petitioner as well as the private respondents.
7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
06-11-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Principal Secretary For Health And Family Welfare, Govt.
Of Tamil Nadu, Secretariat, 4th Floor, Fort St. George, Chennai-600 009.
2.Tamil Nadu Medical Council, Rep. By Its President Dr.K.Senthil, No.914, Poonamallee High Road, Arumbakkam, Chennai-600 106.
M.DHANDAPANI J.
rli W.P.No.
41734 of 2025 M.DHANDAPANI, J This Petition has been listed under the caption "For being mentioned" at the instigation of the learned counsel for the parties.
2. When the matter is taken up for hearing, learned standing counsel
appearing for the 2nd respondent submitted that, the 2nd respondent is the appropriate authority to conduct enquiry in respect of the 5th respondent. Insofar as respondents 3 & 4 are concerned, the Joint Director, Medical and Rural Health Services (DMS), Chennai is the appropriate authority for conducting enquiry and therefore, necessary corrections may be made in the said order to which, the learned counsel appearing on the other side has no objection.
3. In the above, the Joint Director, Medical and Rural Health Services (DMS), Chennai is suo moto impleaded as the 6th respondent.
4. Further, paragraphs 4 & 6 of the order dated 06.11.2025 shall stand replaced as under:- M.DHANDAPANI, J Nhs "4. The learned Standing counsel appearing for the 2nd respondent submits that the 2nd respondent is the appropriate authority to conduct enquiry in respect of the 5th respondent. Insofar as respondents 3 & 4 are concerned, the Joint Director, Medical and Rural Health Services, Chennai is the appropriate authority for conducting
enquiry.
6. In view of the limited relief sought for by the petitioner as also the submissions made by the learned standing counsel for the 2nd respondent, the Joint Director, Medical and Rural Health Services, Chennai is suo moto impleaded as the 6th respondent. Accordingly, the 6th respondent is directed to conduct the enquiry in respect of respondents 3 & 4 and the 2nd respondent shall conduct the enquiry in respect of the 5th respondent. Both the authorities shall complete the enquiry and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order."
5. Registry is directed to carry out the aforesaid corrections in the order dated 06.11.2025 and issue fresh order copies to the parties. 27.11.2025 Nhs W.P.No.41734 of 2025