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WP(MD)No.551 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 28/01/2026

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

WP(MD)No.551 of 2024

P.Kalarani ... Petitioner

Vs.

1. The Secretary to Government,

Health and Family Welfare Department,

Secretariat,

Chennai 600 009.

2. The Joint Director of Health Services,

DMS Office Campus,

Teynampet,

Chennai 600 018.

3. The District Collector,

Tenkasi District,

Tenkasi 627 811.

4. The Medical Superintendent,

District Government Hospital,

Tenkasi 627 811. ... Respondents

PRAYER :- Writ Petition, filed under Article 226 of the

Constitution of India, praying this court to issue a Writ of

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WP(MD)No.551 of 2024

Mandamus, directing the 1^st respondent to pay Rs.5,00,000/-

(Rupees Five Lakhs) towards compensation to the petitioner for

medical negligence caused to the petitioner resulting in lifetime

financial constraints caused to the petitioner to bring up her 3^rd

child and to provide free education to the 3^rd child of the petitioner

either in the Government School or in a Private School and the fees

already paid shall be refunded and all the expenses on books,

stationery, uniforms and other miscellaneous educational

expenses shall also met by the respondents and the respondents

shall pay a sum of Rs. 1,20,000/- per year (Rs.10,000/- per month)

to meet the child's need for food and proper upbringing till she

completes her graduation or attaining 21 years whichever is

earlier.

For Petitioner : Mr.V.Kasiraja

For Respondents: Mrs.K.Malathi

Additional Government Pleader

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WP(MD)No.551 of 2024

ORDER

The prayer in this writ petition is to issue a Writ of

Mandamus, directing the 1^st respondent to pay Rs.5,00,000/-

(Rupees Five Lakhs) towards compensation to the petitioner for

medical negligence caused to the petitioner resulting in lifetime

financial constraints caused to her to bring up her 3^rd child and to

provide free education to the 3^rd child of the petitioner either in the

Government School or in a Private School and the fees already

paid shall be refunded and all the expenses on books, stationery,

uniforms and other miscellaneous educational expenses shall also

be met by the respondents and that the respondents shall pay a

sum of Rs. 1,20,000/- per year (Rs.10,000/- per month) to meet the

child's need for food and proper upbringing till she completes her

graduation or attaining 21 years whichever is earlier.

2. Learned counsel for the petitioner would submit that

the petitioner is the house wife and her husband is an agricultural

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WP(MD)No.551 of 2024

coolie and also a physically challenged person. They are having

two children. In order to avoid further pregnancy, the petitioner

underwent laparoscopic sterlization in Tenkasi Government

Hospital on 09.08.2001. Thereafter, when the petitioner entered

into matrimonial obligations, she got conceived in January 2013

and delivered a third child on 18.11.2013 due to medical

negligence of the hospital. Hence, she made a representation to

the respondents 1, 2 and 4 on 17.08.2023 praying for compensation

of Rs.5,00,000/- and to provide free education to the third child

either in the Government School or in a Private School and the fees

already paid shall be refunded and all the expenses on books,

stationery, uniforms and other miscellaneous educational

expenses shall also be met by the respondents and that the

respondents shall pay a sum of Rs.1,20,000/- per year (Rs.10,000/-

per month) to meet the child's need for food and proper

upbringing till she completes her graduation or attaining 21 years.

Since there was no response, the petitioner has filed this writ

petition.

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WP(MD)No.551 of 2024

3. Learned counsel for the petitioner has relied upon the

order passed in W.P.No.

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