The court directed the government authorities to consider a representation for the disbursement of compensation previously awarded by the State Human Rights Commission in a case of alleged medical negligence.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to disburse the compensation amount of Rs.5,00,000/- on the basis of S.H.R.C.No.9 of 2020 order dated 03.02.2022 by the fourth respondent.

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to disburse the compensation amount of Rs.5,00,000/- on the basis of S.H.R.C.No.9 of 2020 order dated 03.02.2022 by the fourth respondent.

2. Heard the learned counsel for the parties.

3. The petitioner asserts that his wife, owing to labour pain, was admitted to the Government Hospital, Ramanathapuram, where she and the child died, allegedly due to medical negligence. Based on a newspaper report published on 29.12.2019, the State Human Rights Commission took suo motu cognizance of the matter. After considering the report submitted by the second respondent and the overall facts and circumstances of the case, the Commission directed the first respondent to pay a compensation of Rs.5,00,000/- to the petitioner. The grievance of the petitioner is that, though the compensation amount was directed to be disbursed within a period of four weeks from the date of the said order, the same has not been paid to him till date. In this regard, the petitioner submitted a representation dated 27.09.2022. However, no orders have been passed on the said representation till date. Hence, the petitioner has approached this Court by way of filing the present writ petition.

4. The learned counsel appearing for the petitioner would further submit that, it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 27.09.2022 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. The learned Government Advocate appearing for the official respondents 1 to 3, on instructions, would submit that the authority concerned will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.

6. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 27.09.2022 and pass appropriate orders on merits and in accordance with law. The entire exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs.