The court established that upon administrative receipt of a mental health complaint, authorities are obligated to follow statutory mandates for patient assessment and institutionalization, ensuring professional medical verification precedes forced or mandated care.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.04.2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI P.Shanmugha Priya ... Petitioner Vs

1. The Government of Tamil Nadu Rep. by its Secretary Health and Family Welfare Department Fort Saint George Secretariat Chennai- 600009.

2. The Joint Director Health and Family Welfare Department Government Hospital Kumbakonam Thanjavur District.

3. The State of Tamilnadu Rep by The Superintendent of Police Thanjavur District.

4. The State of Tamil Nadu Rep. by the Inspector of Police Tamil University Police Station Thanjavur District.

5.The Director, Institute of Mental Health, Kilapuk, Chennai, ... Respondents PRAYER :- To Writ of Mandamus directing the Respondent officials to take necessary actions as per the provisions of the Mental Health care Act. 2017 by considering the representation given by the petitioner dated

13.03.2025 within a period stipulated by this Court.

For Petitioner : Mr.K.Vinoharan For R1 to 3 : Mr.S.S.Manoj Government Advocate(Crl.Side) For R4 : Mr.C.Satheesh Government Advocate(Crl.Side)

ORDER

This Writ Petition is filed to Writ of Mandamus directing the Respondent officials to take necessary actions as per the provisions of the Mental Health care Act. 2017 by considering the representation given by the petitioner dated 13.03.2025 within a period stipulated by this Court.

2. The Learned counsel for the petitioner submitted that the petitioner's brother namely P.Senthil Kumar, who need to be admitted in a mental hospital with the help of the second respondent department. In this regard, the petitioner had given a complaint, which is not attended, hence this writ petition.

3. The learned Government Advocate submitted that already the complaint of the petitioner has been received and duly appreciating the same, a report has been called for from the Director, Institute of Mental Health, Kilapuk Medical College, Chennai, to ascertain the medical conditions of his brother Senthil Kumar. On receipt of the same necessary action will be taken

4. Heard either sides and carefully perused the materials available on record.

5. The Director, Institute of Mental Health, Kilapuk Medical College, Chennai, is suo motu impleaded as fifth respondent. Registry is directed to carry out necessary amendment in the cause title.

6. In view of the submission made by the Learned Government Advocate that on receipt of the report, if the claim of the petitioner is found to be true, the fourth respondent police is directed to follow the mandates of Section 100 of Mental Health Act and take necessary steps to secure the petitioner's brother P.Senthil Kumar and admit him in the fith respondent institution. It is made clear that the fourth respondent should take necessary steps to follow up the file which has been sent before the 5th respondent for approval, pertaining to the said P.Senthil Kumar as applied by the petitioner. The 5th respondent is directed to give the report to the third respondent within a period of one week from the date of receipt of copy of this order.

7. With the above direction, this Writ Petition is disposed of. No order.