Mani Bharathi M v. The Tamil Nadu Medical Council

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.10977 of 2023 M.Mani Bharathi ... Petitioner Vs.

1.The Tamil Nadu Medical Council, Rep. by its President, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai.

2.The Department of Health and Family Welfare, Rep. by its Secretary, Government of Tamil Nadu, St. George Fort, Chennai.

3.The Director of Medical and Rural Health Services, No.359, Annasalai, Chockalinga Nagar, Thenampettai, Chennai.

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4.M/s.Krishna Maternity Home and Pediatric Centre Pvt. Ltd., Rep. by its Directors, No.20/5, North High Ground Road, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider and dispose of the petitioner's complaint dated 28.02.2023 and 10.03.2023 sent in connection with the fake claim made by the fourth respondent for the treatment to petitioner so as to get his recovered from "dengu" fever between 23.12.2022 and 30.12.2022 in the fourth respondent's hospital as expeditiously as possible within the time stipulated by this Court.

For Petitioner : Mr.R.Anand For Respondent No.1 : Mr.N.Sathis Babu For Respondents 2 & 3 : Mr.K.Balasubramani, Special Government Pleader For Respondent No.4 : Mr.G.Prabhu Rajadurai 2/6

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 3 to consider and dispose of the petitioner's complaint dated 28.02.2023 and 10.03.2023, sent in connection with the fake claim made by the fourth respondent for the treatment to the petitioner so as to get him recovered from "dengu" fever between 23.12.2022 and 30.12.2022 in the fourth respondent's hospital as expeditiously as possible. 2.The contention of the petitioner is that the petitioner was affected by Dengu fever and he was taking treatment in the fourth respondent hospital as inpatient. During discharge, the fourth respondent hospital has made a false claim regarding medical expenditure for the treatment provided to the petitioner. In this regard, the petitioner has already given complaints dated 28.02.2023 and 10.03.2023 to the official respondents. Since the said complaints remain unattended, the petitioner has come up with the present Writ Petition.

3.Upon perusal of the complaints given by the petitioner and upon hearing the parties, it appears that the present issue cannot 3/6

be decided by this Court, since there are disputed questions of facts involved. All those facts can only be adjudicated before the Civil Court. Therefore, this Court is not inclined to entertain this Writ Petition.

4.Accordingly, this Writ Petition stands dismissed, with liberty to the petitioner to approach the Civil Court. There shall be no order as to costs.

04.12.2025 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, St. George Fort, Chennai.

2.The Director of Medical and Rural Health Services, No.359, Annasalai, Chockalinga Nagar, Thenampettai, Chennai.

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KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.10977 of 2023 04.12.2025 6/6