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2026 Supreme(Online)(Mad) 27091

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Sivarama Krishnan – Appellant
Versus
The Medical Council of India – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: No Appearance
For the Respondents: Mr.Sam Dinakaran Manuel for Mr.S.Nedunchezhiyan, M/s.Maimoona Badsah For R3

Writ petition dismissed for non-prosecution after complaint addressed by respondent council.

Headnote:The petitioner sought a writ of mandamus directing the Medical Councils to consider a complaint against medical professionals under Regulation 8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. Essential facts involved a complaint dated 08.03.2022 alleging professional misconduct. The court noted no appearance by the petitioner and recorded that action had been taken by the second respondent. The primary issue was whether the councils should act on the complaint within a fixed period. The ratio decidendi hinges on the dismissal due to non-prosecution, confirming prior action on the complaint. The writ petition is dismissed for non-prosecution. No costs.

Table of Content
1. petition seeks mandamus for council action on complaint. (Para 1)
2. dismissed for non-prosecution after action taken. (Para 2 , 3 , 4)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to consider petitioner complaint dated 08.03.2022 to take necessary action against the 3rd and 4th respondents as per Regulation 8 of Indian Medical council (Professional Conduct Etiquette and Ethics) Regulations 2002 within the time period fixed by this Court.

For Petitioner: No Appearance For Respondent(s): Mr.Sam Dinakaran Manuel for Mr.S.Nedunchezhiyan M/s.Maimoona Badsah For R3

ORDER

This writ petition has been filed seeking to direct the respondents 1 and 2 to consider the petitioner’s complaint dated 08.03.2022 and to take necessary action against the respondents 3 & 4 as per Regulation 8 of Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations 2002, within the time period fixed by this Court.

2.When the matter is taken up for hearing, none appeared on behalf of the petitioner.

3.Learned counsel appearing for the 2nd respondent would submit that the subsequent to the complaint received from the petitioner, action has been taken against the respondents 3 and 4 and the punishment was also imposed, which might be the reason for non-appearance of the petitioner.

4.The submissions made by the learned counsel appearing for the 2nd respondent that petitioner’s complaint dated 06.03.2022 has been considered and action has been taken against the respondents 3 and 4 is recorded. Since there is no representation on behalf of the petitioner, this writ petition is dismissed for non-prosecution. No costs.

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