WP/13633/2025 of S.KESHIKA(MINOR) Vs THE STATE OF TAMIL NADU

WP No. 13633 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 13633 of 2025 S.Keshika(minor) Rep. By his Father and Next Friend K.Shankar, No.65, Lakshmi Nagar, Thozhur Village, Tiruvallur District- 602 025. ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai- 09. 2. The District Collector Collectorate Office, Jaya Nagar, Tiruvallur District- 602 001. 3. The District Superintendent of Police District Police Office, Jaya Nagar, Tiruvallur District- 602 001. 4. Tamil Nadu Medical Council Rep. by its President, No.959 and 960, Poonamallee High Road, Purasawalkkam, Chennai- 84. 5. Government Medical College Hospital Rep. by its Dean, Tiruvallur, Tiruvallur District- 602 001. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP No. 13633 of 2025 6. The Assistant Surgeon Gynaec Ward, Department of Obstetrics and Gynaecology, GMCH, Tiruvallur, Tiruvallur District. ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 5 to compe nsate the petitioner for the erroneous treatment provided to the petit ioner by the 6th Respondent and his Assistants resulting in pain and sufferance a nd mental agony to the petitioner and further directing the Respondents 1 to 5 to initiate appropriate departmental action against the 6th Respondent and his assistants who performed surgery on the Petitioner in view of the petitioner’s representation dated 13.02.2025. For Petitioner: Ms.Karthikaa Ashok For Respondent(s): Mr.K.Tippusulthan for R1, R2, R4 to R6 Government Advocate Mr.V.Meghanathan for R3 Government Advocate (Crl. Side) ORDER This petition has been filed seeking a direction to the respondents 1 and 5 to compensate the petitioner for the erroneous treatment provided to the petitioner by the 6th respondent and his assistants resulting in pai n and __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 13633 of 2025 sufferance and mental agony to the petitioner and further directing the respondents 1 to 5 to initiate appropriate departmental action against the 6th respondent and his assistants who performed surgery on the Petitioner in view of the petitioners representation dated 13.02.2025. 2.The case of the petitioner is that she was erroneously treated by the doctors, who failed to fix the drain tube after abdominal surgery, resulting in infection and suture gapping. This negligence forced the petitioner to unde rgo multiple surgical procedures, causing severe physical pain and mental suff ering. The erroneous treatment and negligence of the doctors are punishable, and the State is vicariously liable to compensate the petitioner for the errors committed by its doctors. Hence, the present writ petition has been filed, seeking a direction to respondents 1 to 5 to compensate the petitioner for the erroneous treatment provided by the 6th respondent and his assistants, which result ed in pain, suffering, and mental agony. The petitioner also seeks a further di rection to respondents 1 to 5 to initiate appropriate departmental acti on against the 6th respondent and his assistants, who performed the surgery, in view of the petitioner’s representation dated 13.02.2025. 3. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to constitute an expert com mittee, hear both the petitioner and the 6th respondent, and thereafter pass appropriate orders. __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 13633 of 2025 4.The learned Government Advocate appearing for respondents 1, 2, and 4 to 6 submitted that the first respondent will indeed constitute an expert committee to ascertain whether there was any negligence on the part of the 6th respondent, and appropriate orders will be passed on merits and in a ccordance with law. 5. Though the name of the 6th respondent was printed in the cause list, no one appeared on his behalf. 6. Considering the limited request made by the learned counsel for the petitioner, this Court directs the first respondent to constitute an expert committee to determine whether there was any negligence on the pa rt of the 6th respondent and to pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to both the petitione r and the 6th respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 22-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Uma __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 13633 of 2025 To 1. The Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai- 09. 2. The District Collector Collectorate Office, Jaya Nagar, Tiruvallur District- 602 001. 3. The District Superintendent of Police District Police Office, Jaya Nagar, Tiruvallur District- 602 001. 4. The President, Tamil Nadu Medical Council No.959 and 960, Poonamallee High Road, Purasawalkkam, Chennai- 84. 5. The Dean Government Medical College Hospital Tiruvallur, Tiruvallur District- 602 001. 6. The Assistant Surgeon Gynaec Ward, Department of Obstetrics And Gynaecology, GMCH, Tiruvallur, Tiruvallur District. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 13633 of 2025 M.DHANDAPANI, J. Uma WP No. 13633 of 2025 22-04-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis