S.Pandiaraj, v. The Chief Medical Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN S.Pandiaraj ... Petitioner Vs.
The Chief Medical Officer, Government Royapettah Hospital, Chennai - 14.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondent to issue VISCERA Report as per PM.No.218/2017 dated 22.02.2017 for the death of the petitioner's son namely P.Sureshkumar. For Petitioner : Mr.K.Sureshkumar For Respondent : Mr.G.Suriyananth Additional Government Pleader
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondent to issue VISCERA Report as per PM.No.218/2017 dated 22.02.2017 for the death of the petitioner's son namely, P.Sureshkumar.
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2. The learned Additional Government Pleader for the respondent submits that in response to the petitioner's request for VISCERA Report vide letter dated 10.08.2018, the respondent had sent a letter to the petitioner on 06.09.2017 enclosing a copy of the letter dated 22.08.2017 received from the Assistant Professor, Department of Forensic Medicine & Toxicology, Government Royapettah Hospital, Chennai.
3. Relevant portion of the said letter dated 22.08.2017 reads as under:- As per Section 8 (H) of Right to information Act 2005 (Ammended 2008), Copy of the Post-Mortem Certificate and other details pertained to the Medico Legal Cases cannot be provided by the Medical Officer of the Forensic Medicine & Toxicology Department. In addition as per the section 6 (3) (2) of the Right to information amended Act 2008, the post mortem certificate and any documents pertained to medico legal cases should be obtained only from the Investigating Officer / P.A to the collector as the case may be, the subject matter which is closely connected with the appropriate authority or either directly through the court.
Hence the letter of Shri. Pandiayaraj from Aruppukottai can be directed to the concerned Investigating Officer / P.A to the collector and Additional District Magistrate or the Inspector of Police of the concerned Police Station as the case may be and information to that effect may please be conveyed to the concerned individual. Page No. 2 of 4
4. Considering the above, the petitioner is directed to approach concerned Investigating Officer/P.A. to the Collector and Additional District Magistrate or the Inspector of Police of the jurisdictional Police Station for VISCERA Report.
5. Hence, this Writ Petition stands disposed of. No costs. 07.06.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:
The Chief Medical Officer, Government Royapettah Hospital, Chennai - 14.
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C.SARAVANAN , J.
JEN 07.06.2024 Page No. 4 of 4