Disposed

Dr.P.K. Palanisamy, v. The Principal Secretary To

Madras HC30 Mar 2022WP/22345/2018

Case brief

AI extract

What is this about?

This was a writ petition filed by a patient seeking mandamus to direct government and medical authorities to act against a doctor responsible for his injury and to pay compensation. The court held that the second respondent is the competent authority and directed them to initiate proceedings and pass orders on merits within twelve weeks.

What did the court decide?

The second respondent is directed to consider the petitioner's representation, conduct an enquiry after hearing the petitioner and the sixth respondent, and pass suitable orders on merits within twelv

Dr.P.K. Palanisamy, Vs The Principal Secretary To — Writ and Judicial Review | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30.03.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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W.P.No.22345 of 2018

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Dr.P.K.Palanisamy, S/o. Late P.Kandasamy Naidu

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...Petitioner

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Vs.

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The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

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The Registrar, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai-106.

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The Director of Medical Education, 162, EVR Salai,Kilpauk, Chennai-10.

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The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Salem-636 030.

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The Dean, Govt. Mohan Kumaramangalam Medical College Hospital, Salem-636 001.

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Dr.P.Samikrishnan, S/o. K. Perumal, Assistant Professor of Rheumatology, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Salem – 636 030. ...Respondents

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Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action on the 6^th respondent and direct the respondents 1 to 5 to pay compensation in light of the petitioner's representation dated 18.06.2018.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.K.S.Karthik Raja

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For Respondents: Mr.V.Jeevagiridharan Addl. Govt. Pleader for R1,R3 & R5 Mr.G.Sankaran for R2

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No appearance for R6

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O R D E R

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This Writ Petition has been filed seeking a direction directing the respondents 1 to 5 to take action against the 6^th respondent and to pay compensation as per petitioner's representation dated 18.06.2018.

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2.Even though notice served on the 6^th respondent and name of 6^th respondent was also printed in the cause list, none appeared on behalf of respondent.

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3.The grievance of the petitioner is that, he has taken treatment in the 6^th respondent hospital and due to wrong diagnosis and treatment, he has suffered serious injury of 75% of poly-neuropathy and lost hearing. In the said circumstances, he has made a representation to the respondents 1 to 5 to take action against the 6^th respondent on 18.06.2018, but so far, it was not considered. Hence, the present Writ Petition has been filed by the petitioner.

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4.Mr.V.Jeevagiridharan, learned Addl. Govt. Pleader appearing for respondents 1, 3 and 5, would submit that, the 2^nd respondent is the competent authority to consider petitioner's representation and pass orders.

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5.Mr.G.Sankaran, learned counsel appearing for 2^nd respondent would submit that, the 2^nd respondent is the competent authority to consider the representation of the petitioner. The learned counsel, on instructions, would further submit that, they will take appropriate action on the representation of the petitioner, conduct enquiry and pass suitable orders after hearing the petitioner as well as 6^th respondent.

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6.Heard and considered rival submissions made by learned counsel appearing for both sides and perused the records carefully.

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7.Considering the limited prayer sought in this Writ Petition, without going into the merits of the case, the 2^nd respondent is directed to consider petitioner's representation

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https://hcservices.ecourts.gov.in/hcservices/

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and pass suitable orders on merits and in accordance with law after hearing the petitioner as well as 6^th respondent within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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rpp

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The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

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The Registrar, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai-106.

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The Director of Medical Education, 162, EVR Salai,Kilpauk, Chennai-10. 4. The Dean, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road, Salem-636 030. 5. The Dean, Govt. Mohan Kumaramangalam Medical College Hospital, Salem-636 001. 6. Dr.P.Samikrishnan, S/o. K. Perumal, Assistant Professor of Rheumatology, Govt. Mohan Kumaramangalam Medical College, Steel Plant Road,Salem – 636 030. +1cc to Mr.G.Sankaran, Advocate, S.R.No.21551 +1cc to the Government Pleader, S.R.No.21773

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W.P.No.22345 of 2018 AK(CO) RGA(19/05/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Dr.P.K. Palanisamy, v. The Principal Secretary To

Case brief

What is this about?

What did the court decide?

Dr.P.K. Palanisamy, v. The Principal Secretary To

Case brief

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What did the court decide?

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