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Madras High CourtWP(MD)/18731/2025disposed of

Shanika v. The Secretary

2025-07-10Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Shanika ... Petitioner vs.

1. The Secretary, Department of Health and Family Welfare, St. George Fort, Chennai.

2. The Director, Medical and Rural Health Service, Teynampet, Chennai.

3. The District Collector, Kanyakumari @ Nagercoil, Kanyakumari District.

4. The Medical Superintendent, CSI Mission Hospital, Neyyoor, Marthandam Post, Kanyakumari District.

5. Sangeetha

...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents to award reasonable compensation for the petitioner in the failed sterilization procedure committed by the 4th and 5th respondent conducted on 23.12.2023 based on the petitioner's representation dated 21.06.2025. For Petitioner : Mr.A.Banumathy For R1 to R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 : Mr.G.Sailendrababu

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents herein to award reasonable compensation for the petitioner in the failed sterilization procedure committed by the 4th and 5th respondent conducted on 23.12.2023 based on the petitioner's representation dated 21.06.2025.

2. Considering the facts of the case, the 3rd respondent is directed to consider the petitioner's representation dated 21.06.2025, in light of G.O. (Ms). No. 173, Health & Family Welfare (R2) Department, dated 31.05.2022, within a period of four weeks from the date of receipt of a copy of this order. In case the petitioner is seeking any compensation over and above the compensation granted 2/4

as per G.O. (Ms). No. 173, Health & Family Welfare (R2) Department, dated 31.05.2022, the petitioner is at liberty to approach the competent civil court.

3. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa To:

1. The Secretary, Department of Health and Family Welfare, St. George Fort, Chennai.

2. The Director, Medical and Rural Health Service, Teynampet, Chennai.

3. The District Collector, Kanyakumari @ Nagercoil, Kanyakumar District.

4. The Medical Superintendent, CSI Mission Hospital, Neyyoor, Marthandam Post, Kanyakumari District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED :10.07.2025 4/4