Madras High CourtWP(MD)/28267/2023allowed

P.Sankar v. The Secretary To Government

2024-03-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN P.Sankar ... Petitioner Vs.

1.The Secretary to Government, Family Health Department, St.George Fort, Chennai - 600 009.

2.The Dean/Head, Tenkasi Government Hospital, Tenkasi.

3.The Head of the Surgical Department, JIPMER Hospital, Puducherry - 9.

4.The District Collector, Tenkasi District, Tenkasi.

5.The Dean, Tirunelveli Medical College Hospital, Tirunelveli.

... Respondents (R-5 is suo motu impleaded vide Court order dated 29.11.2023 in W.P. (MD).No.28267 of 2023) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/4

treat this grievance as emergency and to give proper medical for the petitioner's health problem of wrong medical surgery conducted at right side of his pelvis based on the petitioner's representation dated 26.09.2023. For Petitioner : Mr.B.Fazil Kirmani For R-1, R-2, R-4 & R-5 : Mr.D.Gandiraj Special Government Pleader

ORDER

Heard both sides.

2. The petitioner is a physically disabled individual. He has been medically advised to undergo operation in his pelvis area.

3. The petitioner shall present himself before the fifth respondent on 02.04.2024 at 10.00 AM. The fifth respondent is directed to cause examination of the petitioner and appropriate treatment shall be provided to the petitioner herein. If surgery is required, the same shall also be done.

4. The learned counsel appearing for the petitioner complains that the earlier direction given by this Court on 29.11.2023 was not complied with by the fifth respondent. The learned Special Government Pleader is directed to inform the fifth respondent about this complaint. The fifth respondent ought to 2/4

ensure that the direction of this Court is scrupulously complied with in letter and spirit.

5. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.

26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Secretary to Government, Family Health Department, St.George Fort, Chennai - 600 009.

2.The Dean/Head, Tenkasi Government Hospital, Tenkasi.

3.The District Collector, Tenkasi District, Tenkasi.

4.The Dean, Tirunelveli Medical College Hospital, Tirunelveli.

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G.R.SWAMINATHAN, J.

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