O R D E R

This Writ Petition has been filed to direct the respondents to de-seal the clinic established by the Petitioner after proper approval under the Tamil Nadu Clinical Establishments (Regulations) Act, 1997.

2. The fact dealing to sealing of their clinic owned by the Petitioner is as follows:

The Petitioner is a registered medical practitioner holding M.B.B.S degree and also holding post graduate training in Obstertrics & Gyanecology under the D.N.B. Programme and running a clinic namely 'M/s. Lingam Health Services'. On the basis of the complaint lodged by the 3rd Respondent before the 4th Respondent on 04.10.2021, on the ground that hospital has done Medical Termination of Pregnancy to one Chandralekha, wife of Perumal without obtaining approval from the concerned authority as per the Medical Termination of Pregnancy Act, 1971. Consequent upon the First Information Report registered under Section 4 of the Medical Termination of Pregnancy Act, 1971 and Section 312 of I.P.C., the hospital was sealed by the 2nd Respondent on 20.10.2021. According to the Petitioner, the complaint has filed merely to wreck the vengeance. The Respondent has no right to seal the hospital. Despite the representation, they have not de-sealed the hospital. Hence, seeking a direction to de-seal the hospital.

3. In the counter filed by the 2nd Respondent it is stated that the Petitioner conducted the Termination of Pregnancy to one Chandralekha in her hospital. Due to the wrong termination of pregnancy the patient condition was serious. Based on that, the 2nd Respondent had directed the 3rd Respondent to inspect the said hospital on 04.10.2021. During the inspection, it is revealed that the hospital was not approved to conduct the Medical Termination of Pregnancy under the Medical Termination Pregnancy Act, 1971. Based on the inspection, Chief Medical Officer (3rd Respondent) lodged the complaint against the Petitioner. Accordingly, the Revenue Department officials sealed the hospital. Thereafter, after inspection by the 2nd Respondent, they found that the patient name Chandralekha was not registered in the Scan Register maintained by the Hospital Administration and from the case sheet it is revealed that the geostational age of the foetus as 15 weeks. Whereas, the foetus aborted over 14 weeks, is violation as per Section 3 of the Medical Termination of Pregnancy act, 1971. Hence, hospital has been sealed as per the Medical Termination of Pregnancy Act, 1971 and also Tamil Nadu Clinical Establishment Act, 1997. It is also stated that the Division Bench of this Court in W.A.Nos.1758 and 1759 of 2022 has dismissed such request to de-seal the hospital.

4. The learned counsel for the Petitioner would submit that the Petitioner is medical practitioner is holding post graduate training in Obstertrics & Gyanecology under the D.N.B. Programme. Though Section 4 of the Medical Termination of Pregnancy Act, 1971, makes it clear that the termination of the pregnancy cannot be made in any place other than the place approved for that purpose by the Government or District Level Committee. Though the place has not been approved, according to the learned counsel for the petitioner, Section 3 and 4 will not apply for termination of the pregnancy by a Registered Medical Practitioner, in case, she is of opinion, formed in good faith that termination of such a pregnancy is immediately necessary to save the life of the pregnant woman. At any event, it is the contention of the learned counsel for the Petitioner, for violation of the Medical Termination of Pregnancy Act, 1971, FIR has been registered and investigation is on the way. When that being the position, there cannot be permanent sealing of the hospital established after approval under the Tamil Nadu Clinical Establishement Act 1997. According to the learned counsel for the Petitioner, even the Medical Termination of Pregnancy Act, 1971 or the Tamil Nadu Clinical Establishement Act 1997, there is no provision to se