Arish Kumar .M v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2025
CORAM
THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY M.Arish Kumar
...Petitioner
vs.
1.The Principal Secretary, Health & Famil Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.The District Collector, Sivagangai, Sivagangai District.
3.The Dean, Government Medical College & Hospital, Sivagangai District.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents to provide the compensation to the petitioner for the medical negligence of not provided the proper medical assistance to the petitioner by the third respondent hospital and provide further treatment to the petitioner. For Petitioner : Mr.V.Manikandan For Respondents : Mr.C.Satheesh, Government Advocate 1/5
ORDER
This Writ Petition has been filed to direct the respondents to provide compensation to the petitioner for the medical negligence on the part of the third respondent Hospital, which did not provide proper medical assistance to the petitioner and also provide further treatment to the petitioner.
2. The learned counsel appearing for the petitioner would submit that the petitioner's leg was fractured and he was admitted in the third respondent Hospital as an inpatient on 15.01.2022. However, no Medical Officers gave treatment to him on 15.01.2022 and 16.01.2022. Therefore, the petitioner was compelled to admit himself in a private hospital. According to him, due to the negligence on the part of the third respondent Hospital in providing medical treatment to the petitioner, the petitioner incurred huge medical expenses. Hence, the present petition seeking compensation.
3. The learned Government Advocate appearing for the respondents would submit that initially the petitioner got admitted in the third respondent Hospital and thereafter, he discharged himself at his own risk. Therefore, the question of negligence on the part of the third respondent Hospital does not arise and hence, he prayed for dismissal of this Writ Petition. 2/5
4. I have given due consideration to the submissions made on both sides.
5. A perusal of the records shows that the petitioner discharged himself from the third respondent Hospital at his own risk. The question of negligence would come into picture only when the Medical Officers have treated the petitioner. When the Medical Officers in the third respondent Hospital have not treated the petitioner and the petitioner got himself admitted in a private hospital, the petitioner cannot blame the third respondent Hospital for medical negligence. In any case, if the petitioner claims that there is negligence on the part of the third respondent Hospital, such negligence can only be decided by the Civil court or by the appropriate forum. Therefore, there is no merit in the present Writ Petition.
6. Accordingly, this Writ Petition is dismissed. No costs. 15.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi 3/5
To 1.The Principal Secretary, Health & Famil Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.The District Collector, Sivagangai, Sivagangai District.
3.The Dean, Government Medical College & Hospital, Sivagangai District.
4/5
KRISHNAN RAMASAMY, J.
mbi 15.12.2025 5/5