Petitioner sought a writ to terminate minor daughter's pregnancy. Court received compliance report stating surgical termination was done; petition closed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.4296 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.(MD)No.4296 of 2021
Velmurugan : Petitioner
Vs.
1.The District Collector, Office of the District Collectorate Building, Sivagangai District.
2.The Dean, Government Hospital, Sivagangai, Sivagangai District.
3.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District. : Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the second respondent to terminate the pregnancy of the petitioner's minor daughter namely Tharanika, D/o.Velmurugan, Aged about 14 years born on 27.09.2007 through qualified doctors within the time frame as may be fixed by this Court
For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.C.Ramesh Special Government Pleader ****
ORDER
This Court in its earlier order, dated 05.03.2021, has passed the following directions and adjourned the matter for compliance on 09.03.2021:
“8.In consideration of the medical report of the 2nd respondent and also taking note of the circumstances, in which, a minor girl has been subjected to forcible sexual assault and the perpetrator has been booked under POCSO Act, this Court is inclined to issue the following directions:-
i) The 2nd respondent/the Dean, Government Hospital, Sivagangai, Sivagangai District, is hereby permitted to https://hcservices.ecourts.gov.in/hcservices/ carryout necessary surgical exercise towards termination
1/3
W.P.(MD)No.4296 of 2021
of pregnancy of the petitioner's daughter, namely, Tharanika, forthwith, without any further delay, after subjecting the parents of the girl to necessary legal formalities to be followed in such medical procedure, preferably on 06.03.2021 or the following day/s, treating the case as “Most Urgent”.
ii) The 2nd respondent in this regard is requested to depute the Doctor/s concerned to carryout necessary surgical process in the 2nd respondent Hospital, after following the usual medical/hospital protocol in this regard and submit a report before this Court on or before the next date of hearing ie., 09.03.2021.”
2.When the matter is taken up for hearing today, the learned Counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents would submit that in compliance with the above directions, the pregnancy of the petitioner's minor daughter has been terminated by following due surgical procedure and the minor girl is now safe.
3.In view of the above development, no further order need to be passed. Hence, this Writ Petition is closed. No costs.
// True Copy //
cmr
To
1.The District Collector,
Office of the District Collectorate Building, Sivagangai District.
2.The Dean, Government Hospital, Sivagangai, Sivagangai District.
2/3
W.P.(MD)No.4296 of 2021
All Women Police Station, Manamadurai, Sivagangai District.
+1 CC to M/s.SPL GP ( SR-10205[F] dated 10/03/2021 )
W.P.(MD)No.4296 of 2021
09.03.2021
SSS(CO) TR(22.03.2021) 3P 6C
3/3
2 issues framed by the court
Whether the Writ Petition requiring medical intervention for a minor needs further adjudication after reports of compliance.
This case is not an issue to be answered but a report of the outcome.
1 provisions across 1 enactments
Velmurugan
The District Collector, Office of the District Collectorate Building, Sivagangai District
The Dean, Government Hospital, Sivagangai, Sivagangai District
The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District
V. PARTHIBAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
