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2010 Supreme(Mad) 5372

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
Thangapandi – Appellant
Versus
The Director of Primary Health Services & Others – Respondent


Advocates appeared:
For the Petitioner:G.R. Swaminathan For M. Gnanagurunathan, Advocates.
For the Respondents:S.C. Herold Singh, Government Advocate.

Judgment :-

.1. Theprayer in the Writ Petition is for issuing a Writ of Mandamus directing respondents 1 to 3 to take action against the erring Medical Officers and Staff of the fourth respondent - Primary Health Centre and direct the respondents to pay a sum of Rs.5 Lakhs as compensation to the petitioner.

.2. Brief facts, necessary for the disposal of the Writ Petition, are as follows:-

.The petitioner married one Kannigadevi, aged about 22 years, daughter of Sanjeevi and she became pregnant. She came to her mothers house for delivery as per the customary practice. On 01.01.2010, at about 01.00 AM, she developed labour pain, and therefore, she was taken to the Primary Health Centre, Saptoor. She was admitted in the said hospital at about 02.00 AM. At that time, there was no duty doctor/medical officer available, except staff nurse and Midwife, though it is a 24 hours Maternity Hospital. The petitioners wife was not given treatment due to want of doctors and on the same day at about 03.18 AM, she gave birth to a female child. At about 04.00 AM, the condition of the petitioners wife worsened and the petitioner along with his mother-in-law appraised the condition of the petitioner






























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