S. Ganesan vs The Secretary To Government on 10 May, 2012

Madras High Court

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10/05/2012

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN

W.P.(MD)No.6750 of 2012

S. Ganesan ... Petitioner

1. The Secretary to Government

Health Department

Government of TamilNadu

Fort St. George

Chennai.

2. The Director

Christian Medical College Hospital

Vellore District.

3. The Dean

Government Nagercoil Medical

College Hospital

Asaripallam

Kanyakumari District.

4. The Inspector of Police

Asaripallam Police Station

Kanyakumari District ... Respondents

PRAYER

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the third respondent from conducting post-mortem to the petitioner's wife namely Rukmani and consequently direct the second respondent to conduct post-mortem to his wife namely Rukmani, now kept in second respondent Hospital mortuary and submit post-mortem report before this Court and the fourth respondent for necessary action within the time stipulated by this Court.

!For Petitioner ... Mr.R.Alagumani

^For Respondents ... Mr.K.Chellapandian, AAG for R.1

Mr.F.Deepak for R.2.

Mr.A.K.Baskara Pandian

Spl.G.P for R.3.

- - - - -

:ORDER

The petitioner is a coolie worker. His wife was doing tailoring work for their livelihood. They have two children. The petitioner had admitted his wife viz., Rukmani on 18/3/2011 at about 9 a.m., in Nagercoil Government Medical College Hospital for conducting Family Planning operation. On 19/3/2011, operation was conducted unsuccessfully. She became unconscious. According to the petitioner, instead of administering oxygen, the Medical Officials of the third respondent Hospital, administered Nitrous Oxide to his wife in a negligent manner and therefore, his wife became unconscious. The condition of the wife of the petitioner did not improve and she was kept in Intensive Care Unit.

2. The third respondent had shifted the wife of the petitioner for treatment to the Government Rajaji Hospital, Madurai on 12/4/2011. Thereafter, the petitioner filed W.P.(MD) No.7482 of 2011 seeking certain reliefs against the respondents. This Court on 1/7/2011 directed the first respondent to pay a sum of Rs.50,000/- as interim compensation without prejudice to their stand in the writ petition.

3. While so, the petitioner has sought for an interim direction to shift his wife to Apollo Speciality Hospital. However, this Court issued a direction on 1/2/2012 to shift his wife from Government Rajaji Hospital, Vellore. Thereafter, she was given treatment at Christian Medical College Hospital, Vellore, however, she died on 4/5/2012.

4. In these circumstances, the petitioner has filed this writ petition seeking for a direction to forbear the third respondent from conducting post- mortem to the petitioner's wife and also to direct the second respondent to conduct post-mortem.

5. Heard the learned counsel appearing for the petitioner, Mr.K.Chellapandian, learned Additional Advocate General for the first respondent, Mr.F.Deepak learned counsel for the second respondent and Mr.A.K.Baskara Pandian learned Special Government Pleader for the third and fourth respondents.

6. The learned Additional Advocate General has submitted that in Medico Legal cases, the post-mortem has to be conducted by the Government Medical Officers. He has further submitted that even the Honorary Medical Officers in Government Hospitals would not conduct post-mortem as per PSO 587 (3). He has fairly submitted that, a team comprising of two Doctors could conduct post- mortem. It is also submitted that there can be no objection as contended by the learned counsel for the petitioner for video-graphing the post-mortem by the petitioner if he desires, apart from the video-graphing done by the Police Department.

7. In view of the said submission made by the learned Additional Advocate General, a direction is issued to the Dean, Government Headquarters Hospital at Vellore to conduct post-mortem on the body of Rukmani, wife of the petitioner, by a team of two Doctors belonging to its Hospital, if he desires. The petitioner is also permitted to engage his own videographer to take video of the post-mortem being conducted by the Government Doctors of Vellore Headquarters Government Hospital. The Department also should take a videograph of the post- mortem proceeding. It is pleaded that the petitioner is a poor coolie worker and he has got lot of difficulties and ultimately, he lost his wife. In these circumstances, a direction is issued to the first respondent to make proper arrangement to bring the dead body from Vellore to 4/34 A, Ponambathi Street, Semponkarai, Agasteeswaram Taluk, Kanyakumari District, after conducting post- mortem.

8. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

mvs.