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2026 Supreme(Mad) 503

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Muthumari – Appellant
Versus
Principal Secretary, Health and Family Welfare Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Narayanan
For the Respondent: Mr.S.Shanmugavel, Additional Government Pleader

ORDER :

KRISHNAN RAMASAMY, J.

1. This Writ Petition has been filed to direct the respondents 3 and 4 to award compensation for failure of the tubectomy surgery and to constitute a medical board to assess the medical complication and damages caused to the petitioner and to provide appropriate treatment at a hospital other than any government hospital and incur such expenses and to award compensation.

2. The learned counsel appearing for the petitioner would submit that in the present case, the petitioner underwent tubectomy surgery on 12.02.2019. Even then, the petitioner got conceived. Therefore, the tubectomy surgery was not done properly. After giving birth to a female child, the petitioner was informed that her pelvic bones expanded beyond the margin and it did not retract, which caused permanent damage to her. The petitioner already has two children and is poor, and therefore, she opted for family planning. Now, due to the medical complications, she is unable to go to any work and is struggling to maintain all the children with the meagre income from her husband. Hence, the petitioner sent a representation to the respondents on 11.12.2023 seeking to provide appropriate treatment

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