[8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2020
CORAM
THE HON’BLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.9992 of 2020
and
W.M.P.No.12144 of 2020
S.Sachin Narayan
S/o.J.Satyanarayana
D14/1, 2nd Main Road
VV Mohalla, Mysore
Karnataka – 570 002. …Petitioner
Vs.
1. The State of Tamil Nadu
Rep. by its Secretary
Health and Family Welfare Department
Fort St.George,
Chennai-600 009.
2. Royal Care Super Specialty Hospital Ltd.,
Rep. by its Managing Director
1/520, Neelambur
Sulur Taluk
Coimbatore – 641 062. …Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to
terminate the pregnancy of the petitioner’s wife namely, S.S.Sreenidhi at
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[8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
the 2nd respondent hospital.
For Petitioner : Mr.A.V.Radhakrishnan
For Respondents : Mr.K.Govindasamy,
Special Government Pleader for R1
O R D E R
This matter is taken up for hearing through Video Conferencing
mode.
2. Mr.K.Govindasamy, learned Special Government Pleader takes
notice for the 1st respondent. In view of the urgency involved in this writ
petition, notice to the 2nd respondent is dispensed with.
3. The petitioner seeks for a Mandamus to direct the respondents to
terminate the pregnancy of the petitioner’s wife namely, S.S.Sreenidhi at
the 2nd respondent hospital.
4. The case of the petitioner is as follows:
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[8/1, 17:02] Sekarreporter 1: W.P.No.9992 of 2020
that going by the facts and circumstances, the opinion of the Neuro
Surgeon is to be first obtained and thereafter, the Medical Pregnanacy
Termination Committee have to examine the petitioner’s wife and if they
are satisfied that termination of pregnancy is to be done, the same can be
done by the 2nd respondent Hospital which is having approval under the
provisions of Medical Termination of Pregnancy Rules, 2003.
9. In this case, the Consultant Neurologist has already certified
that medical termination of pregnancy is to be done. Therefore,
considering the urgency involved in this matter and taking note of the
fact that the petitioner’s wife is in a very serious condition, the following
order is passed in this Writ Petition.
(a) The Medical Pregnancy Termination Committee, Coimbatore
Government Medical College and Hospital, shall examine the petitioner’s
wife by tomorrow (30.07.2020)
(b) If the said Committee is satisfied that pregnancy has to be
terminated, based on the opinion given by the Consultant Neurologist
dated 25.07.2020, then the 2nd respondent Hospital shall perform the
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