IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Manjamatha W/o.Gopinath, South Street, Amirtharayankottai, Ariyalur District.

..Petitioner Vs

1. The District Collector Ariyalur District, Ariyalur.

2. The Secretary, Medical Council of India, Pocket- 14, Sector 8, Dwaraka Phase, New Delhi- 110 077.

3. The Secretary, Tamilnadu Medical Council, No.914, Poonamallee high Road, Arumbakkam, Chennai- 600 106.

4. The Inspector of Police, T.Palur Police Station, Ariyalur District.

5. Dr.S.Vijayakumar M.S.

Registration No.64340, H.R.Manager and Director, Ezhil Surgical and Maternity Hospital, Jayamkondan, Aariyalur District- 621 802.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the Respondents 1 to 4 to take necessary action against the 5th respondent for his lethargic and negligent medical treatment and to pay compensation for the medical negligence within the stipulated period.

For Petitioner: Mr.R.Maheswaran For Respondents: Mr.P.Ananda Kumar Government Advocate (R1 and R4)

Mr.R.Jayaprakash (R5)

R2 and R3 (No appearance)

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ORDER

This Writ Petition has been filed seeking a direction to the Respondents 1 to 4, to take necessary action against the 5th respondent for his lethargic and negligent medical treatment and to pay compensation for the medical negligence within the stipulated period.

2.. The case of the petitioner in brief is as follows:

(i) The petitioner is the mother of the deceased minor girl Shivanya Sri. On 25.02.2022 at about 12.30 P.M., the petitioner’s daughter had kept the rat killer paste in her mouth. On noticing the rat killer paste at the hands of her daughter, she snatched the same from her hands and questioned her whether she had kept the rat killer paste in mouth or not. Her daughter waved her head saying no, immediately she washed her mouth and hands with water. However, since her daughter vomited and was not feeling well on the next day i.e., on 26.02.2022, the petitioner had taken her daughter to the 5^th respondent and explained to the 5^th respondent that her daughter has playfully kept rat killer paste in her mouth. But the 5^th respondent, being a Doctor, without realizing the seriousness and emergency, had treated her daughter in a lethargic and negligent manner and had prescribed some medicines and sent them back to home. Despite of above medication, the petitioner’s daughter felt very sick and continuously vomited. Therefore, once again on 28.02.2022, the petitioner took her daughter to the 5^th respondent hospital and the 5^th respondent conducted Blood test, Urine analysis and liver functioning test and stated that her daughter’s health condition got worsen and referred her daughter to Meenakshi Hospital, Thanjavur. Immediately, on the same day, i.e., on 28.02.2022, the petitioner had taken her daughter to the Meenakshi Hospital, Thanjavur and on the same day one Dr.Sakthivel of Meenakshi Hospital, Thanjavur referred her daughter to RELA Hospital, Chennai, as her daughter’s Health condition was more deteriorated.

(ii) While so, from 01.03.2022 to 02.03.2022, the petitioner’s daughter was treated by RELA Hospital, Chennai. Since her daughter’s health condition did not improved, on 03.03.2022, at about 11.30 A.M., the petitioner admitted her daughter at Government Stanely Hospital, Chennai and on 07.03.2022, at about 10.30 A.M., the petitioner’s daughter was declared dead. Considering the emergency, if the 5^th respondent treated her minor daughter in a proper and precaution manner at the first day of her appointment i.e., on 26.02.2022, her daughter would have been alive today. Hence her father-in-law lodged a complaint before the 4^th respondent on 07.03.2022 and the same was registered in Crime No.47 of 2022 under Section 174 Cr.P.C. Though the death of her daughter was occurred due to lethargic and negligent medical treatment of the 5^th respondent, no proper action was taken against