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Madras High CourtWP/1337/2025disposed of

R.Anuradha v. The Chairman

2025-01-28Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Anuradha ... Petitioner vs.

1.The Chairman, National Medical Commission, Sector-8, Pocket-14 Dwarka, New Delhi-110077 2.The President, National Medical Commission, Sector-8, Pocket-14 Dwarka, New Delhi-110077 3.The Registrar, Tamil Nadu Medical Council, No.959 and 960, Poonamallee High Road, Purasaiwalkam, Chennai-600 084.

4.The President, Tamil Nadu Medical Council, No.959 and 960, Poonamallee High Road, Purasaiwakkam, Chennai-600 084.

5.Nasreen Ahmed ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take 1/5

appropriate action on the petitioner representation dated 20.11.2024 against the 5th respondent for permanently banning and dismissing her from medical practice (or) doctor professional and within a time frame as may be fixed by this Court.

For Petitioner : Mr.J.Chandran Sundar Sashi Kumar for M/s.P.Arumugam For R3 and R4 : Mr.U.Baranidaran Standing Counsel (TNMC)

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 to 4 to take appropriate action on the representation of the petitioner dated 20.11.2024 complaining medical negligence against the 5th respondent.

2. According to the petitioner, the petitioner got admitted to the hospital run by the 5th respondent for delivery. It is further case of the petitioner that due to the medical negligence of the 5th respondent, the child born to the petitioner suffered certain defect/injury. Therefore, the petitioner submitted a complaint before the 3rd respondent seeking necessary action against him for his medical negligence on 20.11.2024 and the same has not been considered. Therefore, the petitioner has come before this Court. 2/5

3. When the writ petition is taken up for hearing, the learned Standing Counsel (TNMC) appearing for the respondents 3 and 4 filed a status report of the 3rd respondent, wherein it is stated that pursuant to the complaint made by the petitioner, the 3rd respondent proposes to hold an enquiry on 21.02.2025, after issuing notice to the petitioner and 5th respondent. It is further stated that the enquiry will be completed within a period of eight to ten weeks.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to complete the enquiry and pass final orders on its own merits and in accordance with law, within a period of ten weeks from the date of first enquiry (i.e., 21.02.2025).

5. With the above direction, the Writ Petition stands disposed of. No costs.

28.01.2025 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.The Chairman, National Medical Commission, Sector-8, Pocket-14 Dwarka, New Delhi-110077 2.The President, National Medical Commission, Sector-8, Pocket-14 Dwarka, New Delhi-110077 3.The Registrar, Tamil Nadu Medical Council, No.959 and 960, Poonamallee High Road, Purasaiwalkam, Chennai-600 084.

4.The President, Tamil Nadu Medical Council, No.959 and 960, Poonamallee High Road, Purasaiwakkam, Chennai-600 084.

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S.SOUNTHAR, J.

dm 28.01.2025 5/5