Madras High CourtWP(MD)/4296/2021disposed of

Velmurugan v. The Dist Collector

2021-03-05Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Velmurugan : Petitioner Vs.

1.The District Collector, Office of the District Collectorate Building, Sivagangai District.

2.The Dean, Government Hospital, Sivagangai, Sivagangai District.

3.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

: Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the second respondent to terminate the pregnancy of the petitioner's minor daughter namely Tharanika, D/o.Velmurugan, Aged about 14 years born on 27.09.2007 through qualified doctors within the time frame as may be fixed by this Court For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.C.Ramesh Special Government Pleader ****

ORDER

This Court in its earlier order, dated 05.03.2021, has passed the following directions and adjourned the matter for compliance on 09.03.2021:

"8.In consideration of the medical report of the 2nd respondent and also taking note of the circumstances, in which, a minor girl has been subjected to forcible sexual assault and the perpetrator has been booked under POCSO Act, this Court is inclined to issue the following directions:- i) The 2nd respondent/the Dean, Government Hospital, Sivagangai, Sivagangai District, is hereby permitted to carryout necessary surgical exercise towards termination 1/3

of pregnancy of the petitioner's daughter, namely, Tharanika, forthwith, without any further delay, after subjecting the parents of the girl to necessary legal formalities to be followed in such medical procedure, preferably on 06.03.2021 or the following day/s, treating the case as "Most Urgent".

ii) The 2nd respondent in this regard is requested to depute the Doctor/s concerned to carryout necessary surgical process in the 2nd respondent Hospital, after following the usual medical/hospital protocol in this regard and submit a report before this Court on or before the next date of hearing ie., 09.03.2021."

2.When the matter is taken up for hearing today, the learned Counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents would submit that in compliance with the above directions, the pregnancy of the petitioner's minor daughter has been terminated by following due surgical procedure and the minor girl is now safe. 3.In view of the above development, no further order need to be passed. Hence, this Writ Petition is closed. No costs. Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Office of the District Collectorate Building, Sivagangai District.

2.The Dean, Government Hospital, Sivagangai, Sivagangai District.

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3.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

+1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-9249[F] dated 05/03/2021 ) +1 CC to M/s.SPL GP ( SR-10205[F] dated 10/03/2021 ) 09.03.2021 SSS(CO) TR(22.03.2021) 3P 6C 3/3