Madras High CourtWP(MD)/27319/2019disposed of

N.Ravi v. The Secretary To Govt.,

2024-11-21Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Ravi ... Petitioner Vs.

1.The Secretary to Government, Secretariat, Fort St. George, Chennai.

2.The Tamilnadu Medical Council, 914, Poonamalle High Road, Arumbakkam, Chennai, Tamilnadu.

3.The Joint Director, Welfare Department, Ramanathapuram, 4.M/s.Jeya Nursing Home, Represented through its Dr.Jeya Indira M.B.B.S, 2/356, Gandhiji Road, Paramakudi, 5.Dr.Jeya Indira M.B.B.S., Jeya Nursing Home, 2/356, Gandhiji Road, Paramakudi, 1/5

6.Dr.S.M.Maniyammai M.B.B.S., D.G.O., Jeya Nursing Home, 2/356, Gandhiji Road, Paramakudi, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 and consequently direct the respondents to give Rs.10,00,000/- as compensation to the petitioner for the death of the petitioner's child (25 weeks and 2 days baby) by the negligence of the respondents 4 to 6 and consequently to take appropriate action against them. For Petitioner : Mr.J.Jeyakumaran For R-1 & R-3 : Mr.T.Amjad Khan, Government Advocate For R-2 : Mr.C.Karthick For R-5 & R-6 : Mr.K.Mahendran

ORDER

This writ petition has been filed to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 and consequently direct the respondents to give Rs.10,00,000/- as compensation to the petitioner for the death of the petitioner's child (25 weeks and 2 days baby) 2/5

by the negligence of the respondents 4 to 6 and to take appropriate action against them.

2. Heard the learned counsels on either sides and carefully perused the materials available on record.

3. When the matter was taken up for hearing, the learned Government Advocate Mr.T.Amjad Khan submitted that in view of the representation made by the petitioner an enquiry has already been conducted and the same has been referred to the 2nd respondent. The 2nd respondent on receiving the same had conducted an enquiry and closed the matter by an order dated 18.02.2019.

4. In view of the said submission, giving liberty to the petitioner to challenge the order dated 18.02.2019 passed by the 2nd respondent, this writ petition is disposed of. No costs.

21.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To 1.The Secretary to Government, Secretariat, Fort St. George, Chennai.

2.The Joint Director, Welfare Department, Ramanathapuram, 4/5

L.VICTORIA GOWRI, J.

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