THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY WP(MD)No.17412 of 2026 K.Muniyasamy S/o.Karuppaiah Palkarai Village R.S.Madai(PO) Ramanathapuram District Petitioner(s) Vs 1. The Principal Secretary to Government Health and Family Welfare Department Secretariat Chennai – 600009 2. The Director of Medical Education Directorate of Medical Education Kilpauk Chennai – 600 010. 3. The Director of Medical and Rural Health Services DMS Complex Teynampet Chennai-600 006. 4. The Dean Government Medical College Hospital Ramanathapuram. 5. The Medical Superintendent Government Medical College Hospital Ramanathapuram. 6. The Professor and Head of the Department of ENT Government Medical College Hospital Ramanathapuram. 7. The Head of the Department of Anaesthesiology Government Medical College Hospital Ramanathapuram. 8. The District Collector Ramanathapuram District. Respondent(s) For Petitioner(s): Mr.C.Selvakumar For Respondent(s): Mr.P.V.Balasubramaniam Additional Advocate General Assisted by Ms.P.Sudarkodi Nachiar Standing Counsel Prayer:

WP(MD)No.17412 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22-06-2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY
WP(MD)No.17412 of 2026
K.Muniyasamy
S/o.Karuppaiah
Palkarai Village
R.S.Madai(PO)
Ramanathapuram District
Petitioner(s) Vs
1. The Principal Secretary to Government
Health and Family Welfare Department
Secretariat
Chennai – 600009
2. The Director of Medical Education
Directorate of Medical Education
Kilpauk
Chennai – 600 010.
3. The Director of Medical and Rural Health Services
DMS Complex
Teynampet
Chennai-600 006.
4. The Dean
Government Medical College Hospital Ramanathapuram.
5. The Medical Superintendent Government Medical College Hospital Ramanathapuram.
6. The Professor and Head of the Department of ENT Government Medical College Hospital Ramanathapuram.
7. The Head of the Department of Anaesthesiology Government Medical College Hospital Ramanathapuram.
8. The District Collector
Ramanathapuram District.
Respondent(s) For Petitioner(s):
Mr.C.Selvakumar For Respondent(s):
Mr.P.V.Balasubramaniam
Additional Advocate General
Assisted by
Ms.P.Sudarkodi Nachiar Standing Counsel Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st to 3rd respondents to constitute an Independent Medical Board comprising senior doctors from a Government Medical College Hospital outside Ramanathapuram District to enquire into the treatment administered to the petitioner’s deceased wife and conduct an independent post-mortem examination under videography and further directing the 1st to 5th respondents to preserve and produce before this Honble Court all medical records including case sheets, consent forms, anaesthesia records, operation theatre registers, ICU records, ventilator charts, nursing records, CCTV footage and all connected documents and also further directing the 1st to 3rd respondents to initiate departmental disciplinary proceedings against the 6th respondent, the medical officers attached to the ENT and Anaesthesiology Departments and any other officials found responsible for the death of the petitioners wife and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
ORDER
This writ petition arises out of an unfortunate incident in which the petitioner’s wife was admitted to the fourth respondent hospital for a surgical procedure relating to a deviated nasal septum. According to the petitioner, she was taken into the operation theatre at about 09:00 a.m. on 21.05.2026. However, at about 02:00 p.m. on the same day, she was brought out of the operation theatre in an unconscious state and allegedly remained in a coma thereafter. She was continuously treated in the Intensive Care Unit but never regained consciousness and ultimately succumbed on 16.06.2026.
2.Mr.C.Selvakumar, learned counsel for the petitioner submitted that neither adequate information nor the medical records and treatment details pertaining to the petitioner’s wife have been furnished to him. It was further contended that a post-mortem appears to have been conducted without obtaining the consent of the petitioner. According to the petitioner, the post-mortem was arranged by the doctors of the hospital in an attempt to shield themselves from any possible liability. In these circumstances, the petitioner has approached this Court by way of the present writ petition seeking appointment of an independent medical board to examine the medical procedures undertaken, scrutinize the relevant records, conduct an enquiry into the treatment administered to his wife, direct production of all medical records including case sheets, and ensure preservation of the CCTV footage pertaining to the operation theatre. Pending such enquiry, an interim direction is also sought for payment of suitable interim compensation.
3.Mr.P.V.Balasubramaniam, learned Additional Advocate General, assisted by Ms.P.Sudarkodi Nachiar, learned Government Standing Counsel, accepted notice on behalf of the respondents and, on instructions, submitted that the post-mortem was conducted after due intimation to the Police. The preliminary report dated 17.06.2026 has been placed before this Court and a copy thereof has also been furnished to the learned counsel for the petitioner. It was further submitted that all medical records relating to the petitioner’s wife, from the date of admission until her demise, would be duly indexed and produced before this Court, and copies thereof would also be furnished to the petitioner, being the husband of the deceased. It was also stated that the circumstances leading to the death of the petitioner’s wife and all relevant particulars would be placed on record by way of a counter affidavit.
4.In view of the above submissions, the following interim order is passed:
(i) The respondents shall file a counter affidavit dealing with the averments made in the writ petition and shall place the complete medical records before this Court on the next date of hearing.
(ii) Copies of the medical records and the counter affidavit shall be furnished to the petitioner and his learned counsel at the earliest. In the meantime, it is submitted that the petitioner has not yet collected the mortal remains of his wife. Accordingly, without prejudice to the rights and contentions of the parties, the petitioner is permitted to collect the body and perform the last rites in accordance with the customs and practices of the family. Compliance in this regard shall be reported to this Court.
(iii) The question of appointment of an independent medical board and the grant of interim or final compensation shall be decided after the respondents have placed their version on record.
(iv) The parties shall act on the basis of the web copy of this order without waiting for the certified copy of the order.
(v) Post the matter on 08.07.2026.
22-06-2026 smn2
To
1. The Principal Secretary to Government
Health and Family Welfare Department
Secretariat
Chennai – 600009
2. The Director of Medical Education
Directorate of Medical Education Kilpauk
Chennai – 600 010.
3. The Director of Medical and Rural Health Services
DMS Complex
Teynampet Chennai-600 006.
4. The Dean
Government Medical College Hospital Ramanathapuram.
5. The Medical Superintendent Government Medical College Hospital Ramanathapuram.
6. The Professor and Head of the Department of ENT Government Medical College Hospital Ramanathapuram.
7. The Head of the Department of Anaesthesiology Government Medical College Hospital Ramanathapuram.
8. The District Collector
Ramanathapuram District.