Ganesan v. The Tamil Nadu Medical Council,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Ganesan ... Petitioner vs.

1. The Tamil Nadu Medical Council, Represented by the President, Poonamallee High Road, Purasaiwakkam.

2. The District Collector, District Collectors Office, Thanjavur.

3. The Joint Director, Medical and Rural Health Services, District Government Headquarter Hospital, Court Road, Kumbakonam.

4. The Director of Medical Education and Research, Office of the Director, Thanjavur Medical College, Thanjavur.

5. Thendral ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No 1/4

1 to 4 to take appropriate action against the Respondent No 5 on the basis of the representation date 23.10.2024 in accordance with law within the time stipulated by this Court.

For Petitioner :Mr.S.Ramesh Kumar For Respondents :Mr.B.Ramanathan (R1) for Mr.Ramesh, Standing Counsel Mr.S.Vinodh (R2 to R4) Government Advocate

ORDER

Mr.B.Ramanathan, takes notice for the first respondent and Mr.S.Vinodh, takes notice for the respondents 2 to 4. As no adverse order has been passed on the fifth respondent, notice is dispensed with on the fifth respondent.

2. The writ petitioner had lodged a complaint against the fifth respondent on 03.01.2024 alleging that the fifth respondent had committed the acts of medical negligence. The first respondent had initiated proceedings and called upon the petitioner and the fifth respondent to appear before it on 18.01.2024. The petitioner states that enquiry has been completed, but final orders have not been passed. Hence, this writ petition, seeking for a direction to complete the statutory enquiry initiated by the first respondent, has been filed. 2/4

3. Mr.B.Ramanathan, agrees with the petitioner that enquiry has been completed, but he states that before a final conclusion is taken, the first respondent had decided to obtain an opinion from an expert on Radiology and hence, the matter has been referred for expert opinion. He further states that it will require about twelve weeks time to dispose of the petition finally.

4. Considering the fact that it is a performance of statutory duty by the first respondent, there shall be a direction to the first respondent to complete the enquiry proceedings initiated by it, at the instance of the petitioner, as against the fifth respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Index :Yes / No 16.04.2025 NCC :Yes / No Sm 3/4

V. LAKSHMINARAYANAN, J.

Sm To:-

1. The District Collector, District Collectors Office, Thanjavur.

2. The Joint Director, Medical and Rural Health Services, District Government Headquarter Hospital, Court Road, Kumbakonam.

3. The Director of Medical Education and Research, Office of the Director, Thanjavur Medical College, Thanjavur.

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