BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/11/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P(MD).No.10183 of 2008 and M.P(MD)No.1 of 2008 Mookandi alias Mahalingam ... Petitioner Vs. 1.The State of Tamil Nadu, represented by The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009. 2.The Superintendent of Police, Thoothukudi District. 3.The Dean, Palayankottai Government Hospital, Thirunelveli District. 4.The Inspector of Police, Sathankulam Police Station, Thoothukudi District. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the first respondent to give suitable orders to the third respondent for providing best treatment to the petitioner's son, Subburaj aged three years at preset taking treatment in serious coma condition at Palayankottai Government Hospital at the cost of the first respondent till his complete recovery and consequently, direct the first respondent to initiate necessary action against the persons who are responsible for the coma condition of the petitioner's son Subburaj aged three years forthwith. !For Petitioner ... Mr.R.Alagumani ^For Respondent ... Mr.D.Sasikumar, Govt.Advocate (Writs) for R.1 to R.4 * * * * * :ORDER
This petition has been filed to direct the first respondent to give
suitable orders to the third respondent for providing best treatment to the
petitioner’s son, Subburaj aged three years old at preset taking treatment in a
serious coma condition at Palayankottai Government Hospital at the cost of the
first respondent till his complete recovery and consequently, direct the first
respondent to initiate necessary action against the persons who are responsible
for the coma condition of the petitioner’s son Subburaj forthwith, by issuing a
writ of Mandamus.
2. Heard both sides.
3. The gist and kernel of the grievance of the petitioner as stood exposited
from the affidavit accompanying the petition as well as from the submissions
made by the learned Counsel for the petitioner, is to the effect that the
petitioner is the father of the victim boy aged three years; when the boy was
affected by some fever, he was taken to Lahai Roi Clinic run by Touch of Love
Foundation at Melavasapaneri village, Sathankulam Taluk, Thoothukudi District;
there, due to some perfunctory medical treatment in giving about four injections
to the boy, his condition became precarious; now the boy could not speak or move
about; the condition of the boy is serious; initially, the boy was taken from
that clinic to the Primary Health Centre at Karunkulam and now, he is in
Tirunelveli Medical College Hospital, Tirunelveli; the petitioner ascertained
that in Tirunelveli Medical College Hospital, Tirunelveli, there are no
sufficient modern equipments and experts available to give treatment to the boy
fittingly so as to help him to recover from his dangerous condition. Hence, the
petition.
4. Heard the learned Government Advocate (Writs) for the respondents.
5. This case, appears to be a very pathetic one which requires emergent action
on the part of the Government.
6. The learned Counsel for the petitioner would also explain and expatiate that
the fourth respondent registered the case in Cr.No.220 of 2008 for the offence
punishable under Section 419 I.P.C and 15(3) of Indian Medical Council Act, 1956
and Tamil Nadu Prevention and Civil Experiment Regulation Act, 1997 read with
Section 420 I.P.C. No doubt, the said act has not been committed by the
Government Hospital Doctors, but by some personnel in the said Private Clinic as
per the allegations made in the petition. Even then, the State has to come
forward and see that full medical facility is extended to the boy who belongs to
the Scheduled Caste community as his parents are having no financial wherewithal
to get the child admitted in any Super Speciality Hospital.
7. The learned Government Advocate (Writs) would submit that Madurai Government
Rajaji Hospital is having all facilities to tackle such problems. As such, the
details are not available as to what would be the best treatment for the boy and
it is for the medical experts to decide.
8. The learned Counsel for the petitioner prays for immediate direction to the
first respondent to look into the matter and to make arrangements for giving
best treatment.
9. Hence, in these circumstances, I would like to issue the following
direction:
The first respondent shall take emergent action and give suitable direction for
the utmost better treatment to the boy to recover his health in whatever mode he
might deem fit and proper and the petitioner being the father of the victim
undertakes that he would co-operate with the directions of the Government.
10. Since the victim baby is in Tirunelveli Medical College Hospital,
Tirunelveli, the District Collector, Tirunelveli District, shall look into the
pathetic condition of the victim baby and bestow his personal attention to see
that the order of this Court is carried out in letter and spirit and by
exercising his power, he could do the needful.
11. The learned Counsel for the petitioner made an extempore submission that
even though the police registered the case in Cr.No.220 of 2008, no further
action has been taken. Hence, the Investigating Officer concerned is directed
to take immediate action in conducting proper investigation in the right line
and do the needful.
12. With the above directions, this petition is disposed of. Consequently, the
connected Miscellaneous Petition is closed. No costs.
rsb
To
1.The Secretary to Government of Tamil Nadu,
Health and Family Welfare Department,
Fort St.George,
Chennai – 600 009.
2.The Superintendent of Police,
Thoothukudi District.
3.The Dean,
Palayankottai Government Hospital,
Thirunelveli District.
4.The Inspector of Police,
Sathankulam Police Station,
Thoothukudi District.
5.The District Collector,
Tirunelveli District.