Jothilakshmi v. The State Of Tamilnadu Rep. By Its Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.P.M.P.Crl.(MD)No.779 of 2026 Jothilakshmi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Superintendent of Police, Sivagangai District, Sivagangai.

5.The Dean, Government Medical College Hospital, Sivagangai.

6.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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7.D.R.Dhandpani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 6 (i) to forthwith transfer the body of the petitioner's deceased mother, namely Tmt.

Panjavarnam, from the Government Medical College Hospital, Sivagangai to any other Government Medical College Hospital outside Sivagangai District, preferably Government Rajaji Hospital, Madurai or to such other Government Medical College Hospital as this Court may deem fit and proper; (ii) to conduct the postmortem examination only through an Independent Medical Board consisting of not less than three Senior Forensic Medicine Experts having no connection whatsoever with the 7th respondent; (iii) to conduct and complete the entire postmortem examination under continuous videography from commencement till completion and preserve the original video recording; (iv) to ensure that the identification of the body, conduct of postmortem examination, collection and sealing of viscera, blood samples, tissue samples, stomach contents, injection-site tissues and all other forensic materials are carried out under the supervision of the jurisdictional Judicial Magistrate or such Judicial Officer as may be nominated by the competent Court; (v) to preserve the complete treatment records, inpatient records, case sheets, prescriptions, nursing notes, medicine administration records, investigation reports, con sent forms, registers, CCTV footage and all other connected records available with Hemalatha Hospital, Kalaiyarkovil ; (vi) to ensure a fair, impartial, independent and effective investigation in Crime No.

260 of 2026 dated 13.06.2026 on the file of the 6th respondent police and to take further action in accordance with law based upon the outcome of the postmortem report, forensic reports and investigation.

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For Petitioner : Mr..C.Ezhilarasu For R1,R2,R3 & R5 : M/s.M.R.Priyanka Jothi Government Advocate (Civil side) For R4 & R6 : Mr.D.Rajaboopathy Government Advocate (Crl.side)

ORDER

Seeking the direct the respondents 2 and 5 to conduct the postmortem examination of the petitioner's deceased mother namely Tmt.Panjavarnam only through a Board consisting of not less than three Senior Forensic Medicine Experts with mandatory videography of the entire procedure and preservation of viscera, blood samples, tissue samples, stomach contents, injection-site tissues and all other forensic materials, this writ petition is filed.

2. Since no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.

3. The learned counsel for the petitioner submitted that due to the wrong treatment given by the 7th respondent, the petitioner's mother had died. In this regard, to substantiate her claim, she had made an application to conduct a postmortem of her mother with a properly constituted Board. Since the same 3/6

was not considered, the petitioner filed this writ petition.

4. The learned Government Advocate(Civil Side) on oral instructions, submitted that the 7th respondent has already been suspended from service and hence, the question of fearing that he would conduct the postmortem will not arise.

5. Heard the learned counsel on either side and carefully perused the materials available on record.

6. Though the learned counsel for the petitioner submitted that a team of doctors from another Medical College should conduct the postmortem of her mother, since the learned Government Advocate (Civil Side) submitted that the 7th respondent has already been suspended from service, the question of the petitioner's fear that the postmortem would be conducted by the same doctor is baseless. In view of the same, making it clear that the postmortem should be conducted on the body of Tmt.Panjavarnam on 18.06.2026 by a team of doctors other than the 7th respondent, this writ petition is disposed of. It is directed to conduct the said postmortem under continuous videography from commencement till completion and preserve the original video recording. 4/6

7. With the above directions, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 17.06.2026 NCC : Yes / No Index : Yes / No gbg Note : Issue order copy on 17.06.2026.

TO:- 1.The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Superintendent of Police, Sivagangai District, Sivagangai.

5.The Dean, Government Medical College Hospital, Sivagangai.

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6.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. L.VICTORIA GOWRI, J.

gbg 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated 17.06.2026 6/6