The main legal point established in the judgment is that the appellant's issuance of a misleading and false medical certificate constituted professional misconduct, as per the Tamil Nadu Medical Council regulations.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order, dated 19.01.2022 passed in W.P.No.11983 of 2021 and call for the records and quash the order, dated 04.05.2021 passed by the 1st and 2nd respondents under Ref. No.TNMC/DC No.136 of 2018.)

D. Bharatha Chakravarhy, J.

A. Brief Facts Leading to the Appeal :

One Pitchaimani, son of Narayanansami was possessed of properties, viz., a house and 15 plots of varying extents in Okkiam Thoraipakkam, Chennai, three house properties in Thiruvanmiyur, Chennai, a plot of land in Pudupakkam village, Suburban Chennai, in all 19 items of properties, which are obviously valuable and which form the central focus of the conflict in this case.

2. The said Pitchaimani, became sick and was admitted to Fortis Malar Hospitals, Adyar, Chennai, on 27.09.2015 on complaints of Chronic Decompensated Liver Disease, T2DM, Chronic Kidney Disease, Peripheral Arterial Disease with Right Foot Gangrene and Urethral Fistula. He was initially admitted in I.C.U and was started on high level antibiotics and dialysis for renal failure etc. On his condition improving, he was shifted to the Ward on 04.10.2015, however, he had recurrence of sepsis, worsening consciousness and drop in B.P and therefore, was again shifted to I.C.U on 07.10.2015 for supportive measures and was treated. He was put on ventilatory support and inspite of escalated treatment, his condition worsened. Though he was only 66 years of age, all the above valuable properties would not come to his help, and unfortunately he died on 11.10.2015 at 11.23 P.M. A detailed death summary is issued by the aforementioned hospital.

3. The said Mr.Pitchaimani, died leaving behind his wife Mrs.R.Mariammal, and a son Mr.Sakthivel (who are not parties to present litigation) and a daughter Mrs.Shri Subitha, who is the third respondent in this appeal, as his legal heirs. The petitioner, Dr.S.Radhakrishnan’s daughter is married to the above mentioned Mr.Sakthivel, son of Mr.Pitchaimani. Sometime after the death of Mr.Pitchaimani, the third respondent herein, his daughter, entertained doubts and after applying for certified copies and after obtaining information under Right to Information Act, she came to know of the following :

(i) When her father was in the I.C.U, on 08.10.2015, the appellant herein has issued a Medical Certificate, which reads as follows :

DR.S.RADHAKRISHNAN

FRCS (IRE), FRCS (ENG), ASTS (USA)

CONSULTANT SURGEON 08/10/2015.

TO WHOMSOEVER IT IS CONCERNED

Mr. N. Pitchaimani aged 66 years is residing at 3/3 B Sivasamy Avenue, MGR Road, Palavakkam, Chennai 60041; He is suffering from decompensate liver disease due to lymphoma of liver. He is also suffering from chronic renal failure, Diabetes and vascular gangrene of Rt Leg. He is emaciated and very week. He is conscious and oriented but confined to his bed.

Yours Sincerely

Dr.S.Radhakrishnan””

(ii) On the strength of the said Medical Certificate, the Sub-Registrar, Neelangarai, had adopted the procedure of home registration and a settlement deed, as if the said Mr.Pitchaimani conveyed all the above 19 properties to and in favour of his son, Mr.Sakthivel, the son-in-law of the appellant, is registered;

(iii) The settlement deed contains the alleged left thumb impression of the said Mr.Pitchaimani on the all the pages and the manner in which the thumb impression exists in the various pages of the settlement deed speaks for itself. It is admitted by both sides that otherwise the said Mr.Pitchaimani is literate and used to sign;

(iv) The Sub-Registrar makes a false endorsement in the registered deed as follows :

Presented at the residence of Mr. N. Pichiamani, Son of Late Narayanasamy, No.3/B-B, Sivasami Avenue, Dr. M.G.R. Road, Palavakkam, Chennai – 600 041 and Fees of Rs.5900/- paid between the hours of 9-