S. Ramachandra Pradeep v. The Indian Medical Council

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Ramachandra Pradeep ... Petitioner vs.

1.The Indian Medical Council Rep. by its Chairman, Pocket-14, Sector -8, Dwarka Phase 1, New Delhi 110 077.

2.The Medical Council of Tamilnadu, Rep by its President, No.914, Poonmallee High Road, Amaravathi Nagar, Arumbakkam, Chennai 600 106. 3.The District Collector, Madurai District, Madurai.

4. Dr.K.Santhana Lakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the 4th respondent and consequently to direct the 4th respondent to pay compensation to a tune of Rs.50,00,000/- to the petitioner's family for her commission of gross medical negligence while providing treatment in her hospital to 1/4

petitioner's wife namely Mrs.Keerthana, aged 23 years during her pregnancy and by considering the representation of the petitioner dated 03.11.2020 within the period that may be stipulated by this Court. For Petitioner :Ms.P.Yasmin Begum For R1 :Ms.Subbharanjani Ananth For R3 :Ms.D.Farjana Ghousia Special Government Pleader For R4 :Mr.S.Senthil *****

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing first and second respondents to initiate action against the fourth respondent and consequently directing the fourth respondent to pay compensation to the petitioner's family on account of medical negligence committed while treating the petitioner's wife during her pregnancy.

2.When the matter was taken up for hearing today, it was brought to the notice of this Court that the Tamil Nadu Medical Council has already passed an order based on the complaint/representation made by the petitioner through proceedings dated 18.04.2022 and a copy of the order was also produced before this Court. On going through the same, it 2/4

is seen that the Medical Council has come to conclusion that there is no proof of medical negligence on the part of the fourth respondent and accordingly, the complaint given by the petitioner has been closed. 3.In the light of above development, no further orders can be passed in this Writ Petition. If the petitioner is aggrieved by the proceedings of the Tamil Nadu Medical Council dated 18.04.2022, it is left open to the petitioner to work out his remedy in the manner known to law.

4.The Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 18.10.2023 Internet :Yes NCC : Yes/No cmr To The District Collector, Madurai District, Madurai. 3/4

N.ANAND VENKATESH, J.

cmr 18.10.2023 4/4