Madras High CourtWP(MD)/9570/2015dismissed

Pasumpon, v. The Chief Secretary,

2023-03-02Honourable Mr Justice K.Kumaresh Babu7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.P.(MD).No.9570 of 2015 and M.P.(MD).No.1 of 2015 Pasumpon ... Petitioner Vs.

1.The Chief Secretary, Tamil Nadu Government, Secretariat, St.George Fort, Chennai.

2.The Director, Health Department, Secretariat, St.George Fort, Chennai.

3.The District Collector, Madurai District, Madurai.

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

5.The Deputy Collector, Medical Services and Family Welfare, Viswanathapuram, Madurai District.

6.Dr.Ravi, Deputy Director, Family Planning, Government Hospital, Thirumangalam, Madurai District.

7.Dr.Manikandan Government Hospital, Thirumangalam, Madurai District.

8.Mr.Rajakumari, Government Hospital, Tirumangalam, Madurai District.

9.Mr.Rajkumar, Sub Inspector of Police, Thirumangalam Town Police Station, Madurai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 5 to take appropriate legal action based on the representation made by the petitioner dated 18.11.2014 and further directing them to pay a sum of Rs.20 lakhs to the petitioner towards the death of her daughter Palaniammal.

For Petitioner :Mr.A.Jayaramachandran For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R3 & R5 :Mr.R.M.S.Sethuraman Additional Public Prosecutor for R4 :Mr.T.Cibi Chakrabarthy for R7 & R8 :No appearance for R6 & R9

O R D E R

Today, when the matter was taken up for hearing, the learned Special Government Pleader had produced a communication. The petitioner is the mother of one Palaniammal, who had unfortunately died during her medical procedure. Hence, she had filed this writ petition seeking for a compensation of a sum of Rs.20,00,000/- to the petitioner towards the death of her daughter Palaniammal.

2. The learned counsel for the petitioner would submit that the petitioner had taken change of vakalat long back and he has no instructions to appear on behalf of the petitioner.

3. The learned Special Government Pleader had produced a receipt of payment of a sum of Rs.2,00,000/- to the family members of the deceased Palaniammal in the following manner: S.No Name Relationship of Amount paid Mode of payment 1.

Siva Murugan Husband Rs.50,000/- Paid through cheque the deceased 2.

Selvan. Siva Bala Son Rs.50,000/- 3.

Selvan.Sivamari Son Rs.50,000/- 4.

Selvan.Palani Son Rs.50,000/-

4. The petitioner herein is the mother of the deceased Palaniammal. The legal heir of the said Palaniammal has been compensated as stated supra and they have not made any further claim. Therefore, the petitioner being the mother of the deceased cannot make any claim through compensation of her deceased married daughter.

5. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.03.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn To 1.The Chief Secretary, Tamil Nadu Government, Secretariat, St.George Fort, Chennai.