Madras High CourtWP Crl.(MD)/1602/2025disposed of

L.Parimaleshwaran v. The Secretary,

2025-09-26Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1602 of 2025 L.Parimaleshwaran ... Petitioner Vs.

1.The Secretary, Ministry of Health and Family Welfare, St. George Fort, Secretariat, Chennai - 600 009.

2.The Director, Health Department, No.359, Annasalai, Teynampettai, Chennai - 6.

3.The District Collector, Pudukkottai District Collector Office, 4.The Deputy Director, Health Department, No.3685/3, W, 3rd Street, Kadayapatti, Kadukkakadu, 1/5

5.The Superintendent of Police, 6.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

7.Dr.Azhagesan 8.Dr.Indira Priyadharshini

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 to 6 respondents to conduct enquiry and register a Criminal Case against 7th and 8th respondents under the provisions of BNSS Act and the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and to pass further order directing the respondents to pay compensation of Rs. 50,00,000/- to each of the petitioner's girl child and in total Rs.1,00,00,000/-. For Petitioner : Mr.T.Banumathi For R1 to R4 : Mr.A.Oli Raja Government Advocate (Civil) For R5 and R6 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has sought for direction to the respondents 1 to 6 to conduct enquiry and register a Criminal Case against 7th and 8th respondents under the provisions of BNSS Act and the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and to pass 2/5

further order directing the respondents to pay compensation of Rs.50,00,000/- to each of the petitioner's girl child and in total Rs.1,00,00,000/-.

2. The learned Additional Public Prosecutor, on instructions, would submit that pursuant to the enquiry on the representation of the petitioner, an FIR has been registered under Section 174 of Cr.P.C. (corresponding to Section 194 of BNSS, 2023) and awaiting for RFSL report for taking further action.

3. This Court in this Writ Petition cannot decide the disputed facts and hold that the respondents are liable to pay compensation.

4. Since the investigation has already commenced, this Writ Petition stands disposed of with liberty to the petitioner to seek appropriate remedy for compensation. There shall be no order as to costs. 26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5

To 1.The Secretary, Ministry of Health and Family Welfare, St. George Fort, Secretariat, Chennai - 600 009.

2.The Director, Health Department, No.359, Annasalai, Teynampettai, Chennai - 6.

3.The District Collector, Pudukkottai District Collector Office, 4.The Deputy Director, Health Department, No.3685/3, W, 3rd Street, Kadayapatti, Kadukkakadu, 5.The Superintendent of Police, 6.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Indu W.P.Crl.(MD).No.1602 of 2025 26.09.2025 5/5