.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 petitioners wife to the staff nurse and asked for immediate attention. There was a profuse bleeding from 04.00 AM onwards. As the duty doctor/medical officer was not available, the staff nurse could not take any decision for further treatment. No information was given to the doctors to attend the petitioners wife, who developed complication after giving birth to the female child. Therefore, at about 12.00 Noon, she was taken to the Government Hospital, Elumalai, and after examination, the doctors declared her as dead at 12.20 PM. The said delay in giving treatment caused the death of the petitioners wife.

3. The petitioner is a daily paid labourer working in brick kiln. He has given representations to the District Collector and the Deputy Director of Health Services, Madurai, to take action against the erring staff and prayed for compensation of a sum of Rs.5,00,000/-for the death of his wife. Since no action is taken, the petitioner has filed the present Writ Petition for the relief stated earlier.

4. It is contended by the learned counsel appearing for the petitioner that even though the Primary Health Centre is a 24 hours Maternity Hospital, no doctor/medical officer was available to meet the emergency treatment and due to the carelessness of the doctors and the staff nurses, the petitioner has lost his wife, for which adequate compensation has to be paid by the respondents or by the State Authorities on the principle of vicarious liability.

.5. The learned counsel for the petitioner further submitted that the petitioners wife gave birth to the female child in Saptoor Primary Health Centre and she died while she was taken to the Government Hospital, Elumalai and regarding the said fact, there is no dispute. In this regard, the petitioner gave a representation to respondents 2 and 3 by Registered Post and no action is taken till date and the conduct of the respondents, particularly, the non-availability of the doctors to treat the poor patients, which is a fundamental right guaranteed under Article 21 of the Constitution of India should be viewed seriously. The learned counsel also submitted that this Court considered a similar issue in respect of the very same Primary Health Centre and gave a finding regarding the negligence of the Medical staff and awarded a sum of Rs.5,00,000/-as compensation to one V.Ramar in the case of V.Ramar v Director of Medical & Rural Health Services reported in 2010 (1) MLJ 1409.

6. In support of his contention, the learned counsel for the petitioner also relied on the Judgments of the Supreme Court in Malaykumar Ganguly v Dr. Sukumar Mukherjee reported in 2009 (9) SCC 221 and in Chairman, Railway Board v. Chandrima Das reported in 2000 (2) SCC 465.

7. The learned Government Advocate appearing for the respondents, on the b