Dr. T. Perungo v. Ethics And Medical Registration Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.No.48984 of 2025 Dr.T.Perungo ... Petitioner Vs.

1.Ethics and Medical Registration Board, rep. By its President, National Medical Commission, Having address at:

Pocket 24, Sector 8, Dwaraka Phase-I, New Delhi-110 077.

2.Tamil Nadu Medical Council, rep. By its President, Having address at No.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai-600 084.

3.D.Selvanathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India,

praying for issuance of a Writ of Mandamus, directing the first respondent to take on file the petitioner appeal in Application ID:NMC/EMRB/A11011(000181/2025) for adjudication and further forbear the second respondent from initiating any adverse proceedings against the petitioner till the appeal is taken on file.

For Petitioner :

Mr.Vijaya Mehanath for M/s.AAV Partners For Respondent-1 :

Ms.V.Sudha For Respondent-2 :

Mr.U.Baranidharan, Standing counsel

O R D E R

The present Writ Petition has been filed seeking a direction to the first respondent to take on file the petitioner's appeal in Application ID:NMC/EMRB/A-11011(000181/2025) for adjudication and further forbear the second respondent from initiating any adverse proceedings against the petitioner till the appeal is taken on file.

2. Heard both sides. With the consent of both sides, the present Writ

Petition is taken up for hearing at the admission stage itself. Since no adverse order has been passed as against the third respondent, notice to him is dispensed with.

3. The learned counsel for the petitioner submitted that the third respondent had lodged a complaint against the petitioner for the death of his son on the ground of medical negligence, for which, the Tamil Nadu Medical Council has issued a memorandum dated 17.05.2025, followed by a final order dated 18.09.2025, imposing three months suspension from 17.11.2025. He contended that without affording any opportunity or submission of explanation by the petitioner, the final order has been passed, as against which the petitioner has preferred an appeal on 11.10.2025, however, the same was not taken on file and hence, the present Writ Petition.

4. Considering the facts and circumstances of the case, this Court directs the first respondent to dispose of the appeal filed by the petitioner though online, in accordance with law, within a period of 12 weeks from the

date of receipt of a copy of this order. The petitioner is directed to send a copy of the appeal papers along with this order copy so as to enable the first respondent to pass appropriate orders.

5. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.

13.11.2025 Index: Yes/No NCC : Yes/No Order : Speaking/Non Speaking DP

To 1.The President, Ethics and Medical Registration Board, National Medical Commission, Having address at:

Pocket 24, Sector 8, Dwaraka Phase-I, New Delhi-110 077.

2.The President, Tamil Nadu Medical Council, Having address at No.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai-600 084.

M.DHANDAPANI.J, DP and WMP.No.48984 of 2025

13.11.2025