Madras High CourtWMP(MD)/26147/2023closed

Anbarasu.P v. The Secretary

2023-12-22Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Second day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH IN WP(MD) No.774 of 2021 ANBARASU.P ... PETITIONER/ PETITIONER Vs 1 THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF TAMILNADU SECRETARIATE, CHENNAI-600 009 2 THE PRESIDENT INDIAN MEDICAL COUNCIL POCKET-14 SECOTR-8 DHARAKA NEW DELHI-110002 3 THE PRESIDENT TAMILNADU MEDICAL COUNCIL, 914 POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI-600 106 4 THE CHIEF EXECUTIVE OFFICER AND, MANAGING DIRECTOR APPOLLO SPECIALITY HOSPITAL AND APPOLLO FIRST BED HOSPITAL, K.K.NAGAR MADURAI-625020 1/4

5 DR.T.R.MURALI DIRECTOR OF UROLOGY APPOLLO SPECIALITY HOSPITAL AND APPOLLO FIRST BED HOSPITAL K.K.

NAGAR MADURAI-625020 6 DR.ARUNKUMAR CONSULTANT UROLOGY APPOLLO SPECIALITY HOSPITAL AND APPOLLO FIRST BED HOSPITAL K.K.

NAGAR MADURAI-625020 7 DR.USHA RANI SENIOR CONSULTANT PATHOLOGIST, APPOLLO SPECIALITY HOSPITAL AND APPOLLO FIRST BED HOSPITAL K.K.NAGAR, MADURAI-625020 ... RESPONDENTS/ RESPONDENTS Prayer in WMP(MD) No. 26147 of 2023 :

This Petition filed under Article 226 of the Constitution of India, praying this Court to restore the writ petition WP (MD) No.774 of 2021 on the file of this Court by setting aside the order of disposed of dated 10.10.2023. Prayer in WP(MD). 774/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue any writ an order or direction more particularly in the form of a writ of Mandamus for directing the Respondents 1, 2 and 3 to take appropriate action against the Respondents 4,5,6 and 7 for their act of medical negligence and violative of medical ethics resulted in loss of petitioners sexual life and normal discharge of urine and hence those delinquent Respondents 4 to 7 may be restrained from performing the procedure and practice and also be directed to by him a compensation of Rs.1 Crore by considering his representation dated 29.08.2020. ORDER :

This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Rajendran, Advocate for the Petitioner and of Mr.R.Saravanan, Additional Government Pleader for 1st Respondent, Mr.C.Karthik, Advocate for the 3rd respondent, this Court made the following order: 2/4

A Restoration Petition has been filed. The Writ Petition was disposed of on merits and therefore, there is no question of once again restoring the Writ Petition and re-hearing the same. If the petitioner feels that there is an apparent error on the face of the order, the petitioner can only file a Review Application and redress his grievance.

2. Except giving this liberty, no further orders can be passed in this petition.

3. This Writ Miscellaneous Petition is accordingly closed. Sd/- Assistant Registrar(CS III) // True Copy // /01/2024 Sub Assistant Registrar (CS-I/II/III/IV) tsg TO THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF TAMILNADU SECRETARIATE, CHENNAI-600 009 +1CC to Mr.M.Rajendran, Advocate SR-58532, dated 22.12.2022 3/4

ORDER DATED: 22/12/2023 ---------------------------------------

ORDER

---------------------------------------- WMP(MD).No.26147 of 2023 in WP(MD). No.774 of 2021 giving direction and etc.

as stated within.

SSA/03.01.2024 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4