Dr.L.Ravichandran Vs the Director of Medical and

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2^nd respondent herein in Na.Ka.No.7497/A3/2018 dated .04.2023 (Signed on 10.04.2023) and quash the same and consequently direct the respondents to deseal scan centre at Dhanam Hospital, No.6/153(1), Bypass Road, Palacode, Dharmapuri District.

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https://www.mhc.tn.gov.in/judis

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WP No.15627 of 2024

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For Petitioner : Mr.K.Kathiresan : For Respondents 1 and 2 Mr.K.Tippu Sultan Government Advocate

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O R D E R

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The above writ petition is filed for the following relief:

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“To issue a Writ of Certiorarified Mandamus to call for the records of the 2^nd respondent herein in Na.Ka.No.7497/A3/2018 dated ..04.2023 (Signed on 10.04.2023) and quash the same and consequently direct the respondents to deseal scan centre at Dhanam Hospital, No.6/153(1), Bypass Road, Palacode, Dharmapuri District.”

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The short facts which has culminated in the filing of this writ petition are herein below set out:

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(i) The petitioner who is a doctor, was running a hospital under the name and style of Dhanam Hospital at Dharmapuri District. The petitioner had also undergone training for scanning and had obtained approval for functioning as a Sonologist. The petitioner would submit that he has been scanning pregnant women and other patients who have been visiting the scan centre for over 14 years and that the scan reports were

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https://www.mhc.tn.gov.in/judis

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WP No.15627 of 2024 being periodically, that is, every month, submitted to the Joint Director of Medical and Rural Health Services, Dharmapuri, the second respondent herein. The petitioner, on account of his work, had earned a good name in the locality.

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(ii) While so, the 2^nd respondent had inspected the petitioner’s hospital on 06.07.2018 and questioned the petitioner as to why the images of the patients scanned on 03.04.2018 and 04.04.2018 had not been stored and whether the petitioner was conducting sex-determination screening. The same was refuted by the petitioner. However, the 2^nd respondent had seized certain records, including the Form-F register for the period between 21.03.2018 to 12.04.2018 and directed the petitioner to open new registers. Thereafter, on 27.11.2018, the portion of the room where the scan machine was installed was sealed and records and registers were seized.

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(iii) A show cause notice dated 03.01.2019 was issued by the 2^nd respondent calling upon the petitioner to show cause under Section 29 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 stating that the images taken on 03.04.2018 and 04.04.2018 were antenatal and that the images of other patients were not 3/6

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https://www.mhc.tn.gov.in/judis

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WP No.15627 of 2024 stored in the ultrasound scan machine. The petitioner had submitted a

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detailed response to the said show cause notice after he had unsuccessfully challenged the show cause notice before this Court in W.P.No.9146 of 2020 and W.A.No.1201 of 2021. However, without considering the explanation, the impugned order has been passed by the 2^nd respondent on 10.04.2023. Challenging the same, the petitioner is before this Court.

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Heard the learned counsels on either side and perused the

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materials available on record.

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A perusal of the impugned order clearly indicates that the explanation given by the petitioner has not been taken into consideration at all, and the order in question is a non-speaking order. The petitioner has also not been given an opportunity to appear in person and make his submissions, especially considering the fact that the allegation made against him is that he had utilized the scan centre for determining the sex of unborn babies.

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In the light of the above, the writ petition is allowed and the impugned order .10.04.2023 is set aside and the matter is remitted back to 4/6

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https://www.mhc.tn.gov.in/judis

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WP No.15627 of 2024 the file of the second respondent herein to hear the matter afresh and pass

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orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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06.01.2026

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Index : Yes/No Speaking Order : Yes / No srn

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To

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