2023-Aug-14
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.07.2023
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.7676 of 2015
and
W.M.P(MD)No.12986 of 2017
Jothi ... Petitioner
vs.
1.The State represented by
The Secretary,
Department of Health and Family Welfare,
St.George Fort, Chennai.
2.The Director of Health and
Preventive Medicine,
Teynampet, Chennai.
3.The Joint Director of Health Service,
Collectorate Buildings, Ramanathapuram.
4.The Medical Officer,
Government Hospital,
Mudukulathur, Ramanathapuram District.
5.Dr.Tamilselvi, Duty Doctor,
Government Hospital,
Mudukulathur,
Ramanathapuram District.
6.Dr.M.Kunjaram,
Duty Nurse, Government Hospital,
Kamuthi,
Ramanthapuram District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action upon the respondents 5 and 6 for their negligent act incurring death to a new born child of the petitioner herein and further direct the respondents 1 to 4 to pay compensation of a sum of Rs.15,00,000/- to the petitioner for the physical and mental agony incurred due to the negligent act of the respondents 5 and 6.
For Petitioner : Mr.K.R.Laxman
For Respondents : Mr.D.Gandhiraj
Special Government Pleader
for R.1 to R.4
Mr.K.Appadurai for R.5
Mr.K.C.Ramalingam for R.6
ORDER
Kaushik Basu, a well-known economist, joined the Government of India as its Chief Economic Advisor in the year 2009. He went to the State-run Ram Manohar Lohia Hospital, New Delhi on 06.01.2010 to obtain the mandatory medical fitness certificate. He recounts his encounter in his book “Policymaker's Journal”. Let me quote it in full :
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