IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.01.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 12536 of 2025 &

W.M.P.No. 38554 of 2025 B.Baskar ...Petitioner Vs.

1.The Director, Tamil Nadu Medical Counsel, Purasaivakkam, Chennai

2. The Registrar, I/c Tamil Nadu Medical Council, Purasaivakkam, Chennai.

3. Dr.Sulochana Ayyasamy

4.Dr.R.Vijayavathi

5. Mr.Rajkumar ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, to call for the records and quash the order of dismissal in the proceedings TNMC/T.N0.3052/2023 dated 12.03.2025 passed by the 2^nd respondent and further directed the 1^st and 2^nd respondent take disciplinary action against the 3^rd and 5^th respondents as per the Medical Ethics Professional Conduct, Etiquette and Ethics Regulation 2003.

For Petitioner : Mr. P.Muthamizhselvakumar For Respondents : Mr. U.Bharanidharan

1 & 2

O R D E R

This writ petition is filed for the following relief:

“To call for the records and quash the order of dismissal in the proceedings TNMC/T.N0.3052/2023 dated 12.03.2025 passed by the 2^nd respondent and further directed the 1^st and 2^nd respondent take disciplinary action against the 3^rd and 5^th respondents as per the Medical Ethics Professional Conduct, Etiquette and Ethics Regulation 2003. ”

2. The brief facts which has given raise to filing of this writ petition are as follows.

3. It is the case of the petitioner that he is a practicing Advocate at Virudhachalam. He would submit that in his locality, there was a hospital in the name and style of Annai Hospital. The said hospital was being run by three doctors, one of whom is the 5^th respondent. The 3^rd respondent is the mother of the 5^th respondent and the 4^th respondent is his wife. Further, the 4^th respondent is a Government Doctor working in a Primary Health Centre.

4. It is the further case of the petitioner that the 5^th respondent had put up his name board stating that he is a registered medical practitioner under the Tamil Nadu Medical Council and having qualification of M.D. specialised in cardiac surgery. The petitioner would submit that he had believed these credentials and approached this hospital for treating his chronic stomach pain. The petitioner submits that he had approached the 5^th respondent who had also charged him a sum of Rs.500/- as his professional charges. Thereafter, the petitioner’s father suffered a heart attack for the second time in the year 2022 and the petitioner had taken him for treatment to the 5^th respondent and in the course of the treatment he was referred to Surya Hospital, Chennai, for higher and better treatment. The petitioner would submit that in the meanwhile the 5^th respondent had cheated the petitioner’s father of over a sum of Rs.47,50,000/-.

5. The petitioner would submit that he later came to learn that the

5^th respondent was not a medical practitioner registered under the Tamil Nadu Medical Council and that he had perused his degree in medicine from a college in Russia. Therefore, he came to learn that a fraud had been committed by the 5^th respondent. He would submit that the 3^rd and 4^th respondents had engaged the service of the 5^th respondent knowingly.

6. The petitioner would submit that his father had addressed a complaint on 27.05.2024 to all the necessary departments including the Director, Medical and Rural Health. After receiving the complaint, the Joint Director of Health, Cuddalore, had inspected the said hospital and had thereafter forwarded his proceedings dated 12.09.2024. He would also submit that the 5^th respondent had appeared before the District Superintendent of Police, Cuddalore District, pursuant to the complaint and had given a written endorsement that he is not a registered medical practitioner and that though he had a name board he did not provide any medical treatment.

7. The petitioner would submit that without being a registered doctor, the 5^th respondent had been providing medical tr