Margret v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23959 of 2022 Margret ... Petitioner Vs The Registrar, Tamil Nadu Medical Council, New No.914, Old No.569, Poonamallee High Road, Arumpakkam, Chennai-600 106.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to expedite the proceedings initiated on the complaint petition dated 17.02.2022 lodged by the petitioner herein which had been taken on file in Ref.No.TNMC/T.No.317/2022 dated 18.02.2022 and complete the same within the stipulated time as fixed by this Court.

For Petitioner : Mr.C.Suresh Kannan For Respondent : Mr.C.Karthick

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondent herein to expedite the proceedings initiated on the complaint 1/5

petition dated 17.02.2022 lodged by the petitioner herein which had been taken on file in Ref.No.TNMC/T.No.317/2022 dated 18.02.2022 and complete the same within the stipulated time as fixed by this Court. 2.Heard Mr.C.Suresh Kannan, learned counsel appearing for the petitioner and Mr.C.Karthick, learned counsel appearing for the respondent. 3.The learned counsel appearing for the petitioner would submit that the petitioner's father Siluvai Antony is aged about 86 years and he had lost his sight in view of his ailments. Further, her father had lost his conscious and he has become immobilized. In view of the same, the petitioner's sister had obtained a settlement deed executed by her father vide document No.1478 of 2021 on the file of the Sub-Registrar Office, Kommadikottai dated 12.10.2021 by fabricating the Medical Certificate.

4. He would further submit that the life certificate and medical certificate had been issued by Dr.Rajkumar in gross violation of Medical Council Rules. it is submitted that the said documents had formed the basis for the acts of the forgery. It is submitted that for the misconduct committed by Dr.K.Rajkumar, the petitioner had lodged a complaint dated 17.02.2022 before the respondent 2/5

herein and the same was assigned in Ref.No.TNMC/T.No.317/2022 and the delinquent officer had been issued with two Memos seeking for his explanation. It is submitted that the inquiry had not commenced till date as revealed by the information obtained under the RTI Act. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

5.The learned counsel appearing for the respondent submits that appropriate direction may be given to the respondent to consider the petitioner's complaint petitioner dated 17.02.2022 in accordance with law, within a time frame.

6.Considering the limited scope of the prayer sought for by the petitioner, this Court directs the respondent to consider the petitioner's complaint petition dated 17.02.2022 had been taken on file in Ref.no.TNMC/T.No.317/2022 dated 18.02.2022 and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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7.This Writ Petition stands disposed of with the above directions. No costs.

09.11.2022 Index : Yes/No am 4/5

V.BHAVANI SUBBAROYAN, J.

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