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Madras High CourtWP(MD)/15008/2025closed

Musolini S v. The Secretary To Government

2025-07-29Honourable Mrs Justice S.Srimathy10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.11227 and 11228 of 2025 S.Musolini Petitioner(s) Vs

1. The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai 600 009.

2.The Tamil Nadu Medical Council, No.959 & 960, Poonamallee High Road, Purasawalkam, Chennai-600084.

3. The Director of Medical and Rural Health, Services, Teynampet, Chennai-600 006.

4. Thiru P.Anbuchezhian The Joint Director of Medical and Rural Health Services and Family Welfare, Theni.

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5.The Deputy Inspector General of Police, South Zone, Dindigul.

6. The District Collector Theni District.

7. The Superintendent of Police Theni District.

8. Muthulakshmi The Inspector of Police, Cumbum South Police Station, Theni District.

9. Thiru Alphonse Raja The Sub Inspector of Police, Cumbum South Police Station, Theni District.

10.Cumbum United Scans Rep. by its Proprietor, Dr.Sheik Abdul Kadar, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

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11.Jegan Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

12. Velmurugan Manager, Cumbum United Scans, No.56,Ranger Office Road, Cumbum 625 516, Theni District.

13. Rohini, Staff Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

14.Boomadevi, Staff Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

15. Akilandeswari, Staff Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

16.Pathalai, Staff Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

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17. Mannavan Supervisor, Cumbum United Scans, No.56, Ranger Office Road, Cumbum 625 516, Theni District.

Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus ,calling for the records relating to the impugned enquiry report ref. No. Nil dated 26.10.2024 received under Right to Information Act on 20.01.2025 quash the same and consequently direct the respondents 2 and 3 to conduct enquiry for professional medical abuse and criminal misconduct as per the complaint of the petitioner dated 22.09.2024 against the respondents 10 to 17 providing opportunity to the petitioner and her husband to participate in the enquiry.

For Petitioners : Mr.C.Christopher For Respondents : Mr.M.Lingadurai (for R1, 3, 4 & 6) Special Government Pleader Mr.V.Ramesh (for R2) Standing Counsel Mrs.M.Aasha (for R5, 7 to 9) Government Advocate (Crl. Side) Mr.A.Mithun Chakravarthi (for R10 to 17) 4/10

ORDER

This writ petition is filed for Writ of Certiorarified Mandamus, to quash the impugned enquiry report ref. No. Nil dated 26.10.2024 received under Right to Information Act on 20.01.2025 and consequently direct the respondents 2 and 3 to conduct enquiry for professional medical abuse and criminal misconduct as per the complaint of the petitioner dated 22.09.2024 against the respondents 10 to 17 providing opportunity to the petitioner and her husband to participate in the enquiry.

2.Earlier, the case was posted for hearing on 15.07.2025. When the matter was taken up for hearing on 17.07.2025, this Court, after hearing the rival submission, was of the opinion that the party should compromise the matter themselves. Therefore, this Court advised the parties to compromise on the matter. 3.Today when the matter was taken up for hearing, it is submitted by all the learned counsels appearing for the parties that the parties have compromised the matter and the joint compromised memo is filed before this Court and the same is extracted hereunder:

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4.In the compromise, it is stated that the parties have agreed to withdraw all the criminal cases and amicably settled the issue between them and the same is recorded. The joint compromise memo is forming part of the order. 5.Based on the joint compromise memo, this writ petition stands closed. For the same issue, both the parties have agreed not to agitate the case further and in future. No costs. Consequently, the connected writ miscellaneous petitions are closed.

29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To

1. The Secretary to Government, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai 600 009.

2.The Tamil Nadu Medical Council, No.959 & 960, Poonamallee High Road, Purasawalkam, Chennai-600084.

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3. The Director of Medical and Rural Health, Services, Teynampet, Chennai-600 006.

4. Thiru P.Anbuchezhian The Joint Director of Medical and Rural Health Services and Family Welfare, Theni.

5.The Deputy Inspector General of Police, South Zone, Dindigul.

6. The District Collector Theni District.

7. The Superintendent of Police Theni District.

8. Muthulakshmi The Inspector of Police, Cumbum South Police Station, Theni District.

9. Thiru Alphonse Raja The Sub Inspector of Police, Cumbum South Police Station, Theni District.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 29.07.2025 10/10