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2026 Supreme(Online)(Mad) 40257
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
A.Suhashini – Appellant
Versus
The District Collector, Theni District, Theni – Respondent
W.P(MD)No.10636 of 2026|W.M.P(MD)No.8345 of 2026
For the Appellants/Petitioners: Mr.A.R.Kannappan
For the Respondents: Mr.N.Ramesh Arumugam
Court can direct disclosure of medico-legal hospital records to deceased patient’s legal heirs.
Headnote:The petitioner sought a writ of certiorarified mandamus under Article 226 of the Constitution of India to quash an order dated 24.03.2025 refusing to furnish medical and hospital records and to direct the respondent authorities to provide certified copies of the same. The petitioner’s husband was admitted to the Government Theni Medical College Hospital on 17.02.2024, where he received treatment until his death on 22.02.2024 and the medical records were designated as medico-legal records. The Court held that the medical records must be furnished. The principal issue was whether medico-legal records can be refused to the legal heirs of the deceased. The Court reasoned that the request for hospital admission records, treatment records, case sheets, investigation reports, clinical notes and death summary is just and reasonable and that the authorities hold the records in trust for the legal heirs. The writ petition is allowed and the authorities are directed to furnish the hospital admission papers and treatment papers within two weeks from the receipt of the web copy of the order. No costs.
| Table of Content |
|---|
| 1. facts of petitioner's request to obtain medical records (Para 1 , 2) |
| 2. arguments on medico-legal records (Para 3) |
| 3. directions to furnish documents within two weeks (Para 4) |
ORDER
This writ petition is filed challenging the impugned proceedings dated
24.03.2025.
2.The petitioner had made an application to the Government Theni Medical College Hospital for obtaining copies of the medical records of her husband, who was admitted in the hospital on 17.02.2024. But however, succumbed to the injuries, while taking treatment on 22.02.2024. When the petitioner applied for copies of the Medical records such as admission papers and treatment records, since the case is a medical legal case, the same was refused and it was advised that it will be granted only on orders of Court. Therefore, the petitioner has filed the present writ petition.
3.When the matter came up for hearing, the learned Government Advocate submitted that since the case pertains to medical legal records, normally they are not furnished to the parties, unless directed by the Court.
4.In view thereof, this writ petition is ordered on the following terms: (i)The hospital admission papers and treatment papers whatsoever available with reference to the admission up to the time of death of the husband and all other copies of hospital admission records, treatment records, case sheets, investigation reports, clinical notes and death summary and shall be furnished to the petitioner within a period of two weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.
(ii)No costs. Consequently, connected miscellaneous petition is closed.
