ORDER :

1. This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation to the petitioner for an alleged rat bite suffered by her in her left hand in Ward No.101 in Government Rajaji Hospital, Madurai on 23.01.2014.

2. The writ petitioner/Muthulakshmi @ Rajam was 50 years old at the time of filing the Writ Petition in the year 2014. Her son, Suresh had suffered grievous injuries in a road accident and was admitted as in-patient in Ward No.101 in Government Rajaji Hospital, Madurai on 19.01.2014. The petitioner and her husband alternatively took care of their son.

3. On 23.01.2014, when the petitioner was sleeping near the cot of her son, a rat bit her on her left elbow. She suffered pain and swelling. Since the pain increased, she took treatment as out-patient for rat bite in Government Rajaji Hospital, Madurai and the duty doctor also gave her medicine. She then gave a representation to the respondents on 01.02.2014 and sought abolition of rats from the hospital. Since there was no response, she had filed the Writ Petition seeking compensation of Rs.2,00,000/- (Rupees Two Lakhs only) for the injury suffered by her.

4. A counter had been filed by the seventh respondent/the Dean, Government Rajaji Hospital, Madurai, wherein, it had been stated that the son of the petitioner, Suresh was admitted in Ward No.101, Government Rajaji Hospital, Madurai on 19.01.2014 owing to injury suffered in a road traffic accident. It was stated that though the petitioner claimed that a rat had bitten her on 23.01.2014, she did not approach the medical officer on that very night but took treatment only on 31.01.2014. Further questions were raised whether she was actually bitten by a rat and if so, was it on 23.01.2014 and why she took treatment only on 31.01.2014.

5. It was further stated that in the out-patient slip issued to the petitioner on 31.01.2014, it was mentioned as rat bite and the diagnosis was based on the petitioner's statement. It was however stated that there was no evidence for such bite mark or wound. She was given Tetanus Toxoid injection and antibiotics and analgesics. The steps taken by the hospital to prevent rodents and infestation had also been mentioned in the counter affidavit. It was also stated that a Hospital Advisory Committee had been formed on 29.08.2012 and the committee was inspecting the work and sanitary conditions of the various departments in the hospital. It was finally stated that the allegation of the petitioner is false and that the Writ Petition should be dismissed. None of the other respondents had filed counter affidavit.

6. However, the first respondent/the State of Tamil Nadu represented by the Principal Secretary, Health Department, Fort.St.George, Chennai filed W.M.P.(MD).No.17027 of 2016 to delete the respondent as a party to the Writ Petition. It was stated that no specific relief had been claimed against the first respondent. It was also stated that it was the seventh respondent, the Dean of Government Rajaji Hospital, Madurai who is competent to examine the issues such as pest control of the said hospital.

7. Heard arguments advanced by Mr.B.Dhanasekaran, learned counsel for the petitioner and by Mr.J.John Rajadurai, learned Government Counsel for respondents 1 to 3 and 5 to 7 and Mr.R.Murali, learned Standing Counsel for the fourth respondent. I have carefully considered the arguments advanced and the records available.

8. This is a Writ Petition seeking, payment of compensation of a sum of Rs.2,00,000/- (Rupees Two lakhs only) for alleged rat bite suffered by the writ petitioner when she was in Government Rajaji Hospital at Madurai taking care of her son who had suffered injuries owing to road accident. The said rat bite is said to have taken place in the middle of the night on 23.01.2014. The petitioner actually took treatment for the same only on 31.01.2014. She was very much present in th