Madras High CourtWP(MD)/27686/2023disposed of

Sabapathy M v. Union Of India

2023-11-22Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.23794 & 23795 of 2023 M.Sabapathy ... Petitioner Vs.

1.Union of India, Ministry of Health and Family Welfare, Koatla Road, New Delhi.

2.The National Medical Commission, Pocket - 14, Sector - 8, Dwarka Phase - 1, New Delhi - 110 077.

3.The Principal Secretary to the State of Tamil Nadu, Department of Medicine and Family Welfare, Secretariate, Chennai - 9.

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4.The Director of Medical and Rural Health Services, 361, DMS Complex, Anna Salai, Chennai - 6.

5.Tamil Nadu Medical Council, No.914, Poonamalle High Road, Arumbakkam, Chennai, Tamil Nadu, India.

6.The District Collector, Virudhunagar District.

7.The Joint Director of Medical Health, Virudhunagar District.

8.The Joint Director of Medical Health, Tirunelveli District.

9.T.Selvakumar ... 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 8 to take appropriate action against the ninth respondent for medical negligence and consequently directing the ninth respondent to pay a compensation of sum of Rs.1,00,00,000/- (Rupees One Crore Only) to the petitioner or the sum fixed by this Court within the time stipulated by this Court.

For Petitioner : Mr.A.S.Abul Kalaam Azad 2/6

For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R.1 & R.2 Mr.C.Satheesh Government Advocate for R.3, R.4, R.6 to R.8 Mr.V.Ramesh Standing Counsel for R.5

ORDER

Heard both sides.

2.The issue raised in the writ petition cannot be resolved in writ jurisdiction. If according to the petitioner, the ninth respondent had committed medical negligence, the remedy open to the petitioner is to go before the Consumer Commission. It is true that the limitation period is already over. But then, if sufficient cause is shown, the Consumer Commission can very well condone the delay after notice to the opposite party.

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3.Granting liberty to the petitioner to move before the Consumer Commission, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 22.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.Union of India, Ministry of Health and Family Welfare, Koatla Road, New Delhi.