Madras High Court
Mrs.Arokyamary vs The Chief Secretary on 18 November, 2021
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.23395 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM:
The Hon'ble Mr.Justice Krishnan Ramasamy
W.P.No.23395 of 2018
Mrs.Arokyamary ...Petitioner
Vs
1. The Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
2. The Secretary to Government,
Public Health and Family Welfare,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
3. The District Collector,
Uthagamandalam,
Nilgiris District.
4. The Deputy Director,
Medical, Rural Health and Family Welfare Department,
Uthagamandalam,
Nilgiris District.
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W.P.No.23395 of 2018
5. The District Medical Officer,
Government Head Quarters Hospital,
Ooty, Nilgiris.
...Respondents
Prayer:
Writ Petition filed Under Article 226 of the Constitution of India
praying for Writ of Certiorarified Mandamus calling for the entire records
relating to the impugned order dated 20.09.2017 and 08.02.2018 passed by the
4th respondent in Na.Ka.No.250/Nee/2017 and quash the same and
consequently direct the respondents to pay a sum of Rs.15,00,000/- as
compensation to the petitioner for the medical negligence of the respondents
leading to sterilization operation failure to the petitioner and consequent birth
of disabled child namely Jerson.
For Petitioner : M/S.E.Angayarkanni
For Respondents : Mr.K.M.D.Muhilan,
Government Advocate
O R D ER
This Writ Petition has been filed by the petitioner challeing the orders
dated 20.09.2017 and 08.02.2018 passed by the 4th respondent in
Na.Ka.No.250/Nee/2017 and to quash the same, and consequently, to direct the
respondents to pay a sum of Rs.15,00,000/- as compensation to the petitioner
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W.P.No.23395 of 2018
for the medical negligence of the respondents leading to sterilization operation
failure to the petitioner and consequent birth of disabled child namely Jerson.
2. M/s.E.Angayarkanni, the learned counsel appearing for the
petitioner made a submission that the petitioner is a houswife and her husband
is a poor Mason and already, they have two female children, and therefore, the
petitioner opted for sterilization operation, but due to negligence on the part of
the fifth respondent-Hospital, the petitioner gave birth to a third male child,
that too, with disability, called Lumbosacral Myelomeingocele defect. The
learned counsel for the petitioner further submits that, the petitioner also
obtained second opinons from other Doctors, who have stated that, due to
negligent surgery performed by the fifth respondent-Hospital, disabled boy
child was born to the petitioner, and the defect could have been cured, had the
fifth respondent-Hospital identified the same at the threshold, and now, the
child is around 4 years and he is not in a position to walk due to his birth
defects. Therefore, the petitioner made a representation seeking a
compensation of Rs.15,00,000/-.
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W.P.No.23395 of 2018
3. Mr.K.M.D.Muhilan, the learned Government Advocate for the
respondents submitted that, in a case of this nature, the petitioner is entitled to
only a sum of Rs.30,000/- as compensation and the compensation of
Rs.15,00,000/- sought for by the petitioner is onerous.
4. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate for the respondents.
5. In view of the submissions made on either side, this Court is of the
view that these type of cases can be resolved only by the Consumer Disputes
Redressal Forum and the petitioner has wrongly approached this Court, for,
this Court cannot go into the disputed questions of fact whether the fifth
respondent-Hospital had performed the surgery, in a negligent manner, as
alleged by the petitionre, and whether the second opinion given to the
petitioner by other Doctors is authentic or not.
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W.P.No.23395 of 2018
6. In the light of the above, the Writ Petition is disposed of, granting
liberty to the petitioner to file appropriate application before the Consumer
Disputes Redressal Forum concerned within six months from the date of
receipt of a copy of this order. If such an application is filed, the Consumer
Disputes Redressal Forum concerned shall consider the case of the petitioner
after affording an opportunity of personal hearing and pass appropriate orders.
No costs.
18.11.2021
Index: Yes/No
Speaking Order/ Non speaking order
jd/sd
To
1. The Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
2. The Secretary to Government,
Public Health and Family Welfare,
Government of Tamil Nadu,
Fort St. George, Chennai – 600 009.
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W.P.No.23395 of 2018
3. The District Collector,
Uthagamandalam,
The Nilgiris District.
4. The Deputy Director,
Medical, Rural Health and Family Welfare Department,
Uthagamandalam,
The Nilgiris District.
5. The District Medical Officer,
Government Head Quarters Hospital,
Ooty, The Nilgiris.
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W.P.No.23395 of 2018
Krishnan Ramasamy , J.
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