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Madras High CourtWP(MD)/27049/2019disposed of

S.Manimuthu v. Secretary To Government

2025-11-21Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.27049 of 2019 and W.M.P(MD).Nos.23391 and 23392 of 2019 S.Manimuthu .. Petitioner Vs 1.Secretary to Government, The Secretary, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai-9.

2.The Dean, Government Rajaji Hospital and Madurai Medical College, Madurai.

3.The District Collector, Office of the Collectrate Campus, Madurai.

4.The Corporation Commissioner, Office of the Madurai Corporation, Madurai.

5.The Deputy Director of health Service, Viswanatha Puram, Madurai-14.

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6.The Office In Charge, Urban Primary Health Centre, K.Pudur, Madurai.

7.Dr.Shalini, Urban Primary Health Centre, K.Pudur, Madurai.

now working at Urban Primary Health Centre Karisal Kulam, Madurai.

8.Prema (Nurse) Urban Primary Health Centre, K.Pudur, Madurai.

now working at Urban Primary Health Centre Vandiyur, Madurai.

9.The Commissioner of Police, Madurai City.

10.The Inspector of Police (L and O), K.Pudur Police Station, K.Pudur, Madurai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 5 to provide / pay a compensation of sum of Rs.10 Lakhs towards the death of the petitioner's wife namely Sakthikali due to the medical negligence of the respondents 6 to 8 and consequently to take appropriate action against them within the time frame that may be fix by this Court by considering the petitioner's representation dated 24.09.2019. For Petitioner : (memo filed on 21.11.2025) For R1 to R3 : Mr.D.Sasikumar R5 & R6 Additional Government Pleader 2/6

For R4 : Mr.S.Vinayak Standing Counsel For R7 : Mr.C.Muthusaravanan For R8 : Mr.S.Ramalingam For R9 & R10 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

Mr.Niranjan S.Kumar, learned counsel for the petitioner, informs this Court that he has given change of vakalat as early as in the year 2021. The petitioner has not engaged the service of other counsel. However, considering the relief claimed in this petition, this Court proceeds to pass order in the absence of the petitioner.

2. This Writ Petition has been filed seeking mandamus directing the respondents 1 to 5 to provide / pay a compensation of sum of Rs.10 Lakhs towards the death of the petitioner's wife namely Sakthikali due to the medical negligence of the respondents 6 to 8 and consequently to take appropriate action against them within the time frame that may be fix by this Court by considering the petitioner's representation dated 24.09.2019.

3. It is the case of the petitioner that he has submitted a representation to the respondents 3 and 4 seeking compensation towards the death of his wife 3/6

during childbirth, alleged to have resulted from the medical negligence of the respondents 6 to 8 and has further requested initiation of appropriate action against them. Since the said representation has not been considered, the petitioner has approached this Court.

4. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the fourth respondent to consider the petitioner's representation dated 24.09.2019 and dispose the same within a period of one month from the date of receipt of a copy of this order, after issuing notice to the petitioner and hearing him.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 21.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk 4/6

To 1.Secretary to Government, The Secretary, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai-9.

2.The Dean, Government Rajaji Hospital and Madurai Medical College, Madurai.

3.The District Collector, Office of the Collectrate Campus, Madurai.

4.The Corporation Commissioner, Office of the Madurai Corporation, Madurai.

5.The Deputy Director of health Service, Viswanatha Puram, Madurai-14.

6.The Office In Charge, Urban Primary Health Centre, K.Pudur, Madurai.

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P.T.ASHA, J.

Rmk Writ Petition(MD)No.27049 of 2019 21.11.2025 6/6