Madras High Court
WP(MD)/29535/2026 of M.Ramya Vs The Secretary to Government on 10 November 2026
WP(MD) No. 29535 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 29535 of 2026
CNR:{HCMD011442252026}
M.Ramya
Door No.2-352. Alampatti,
Chokkalingam Puram,
Madurai
..Petitioner(s)
Vs
1. The Secretary to Government
Health and Family Welfare Department,
Fort St. George,
Chennai-600 009Chennai
2. The Director
Directorate Of Health And Family Welfare Department, DMS Complex, Chennai- 600 006
3. The Joint Director of Medical Service DMS Office Campus, Teynampettai, Chennai-600 018
4. The District Collector
Collectorate Complex,
Collector Office Road,
Alwarpuram,
Madurai
5. The Deputy Director
Family Welfare,
Multipurpose Female Training Campus,
Viswanathapuram,
WP(MD) No. 29535 of 2026
Madurai-14
6. The Dean
Government Rajaji Hospital,
Panagal Road,
Alwarpuram,
Madurai,
Tamil Nadu- 625020
7. The Registered Medical Officer
Government Rajaji Hospital,
Near Madurai Medical College,
Panagal Road,
Alwarpuram,
Madurai,
Tamil Nadu -625020
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of MANDAMUS by directing the respondents to grant compensation to the petitioner for the negligence in performing family planning operation by the 6th and 7th respondents within a stipulated time by the Honble court and grant such other further relief as this Honble Court deems fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s)
:M/s Farjanaghoushia D
For Respondent(s)
:Mr.R.Parthiban, Spl. Govt. Pleader
Accepts Notice For Respondents
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ORDER
The petitioner delivered a second girl baby, named Kirishika, through a lower segment caesarean section with sterilization on 05.10.2023. In spite of undergoing sterilization, it is stated that the
WP(MD) No. 29535 of 2026 petitioner was diagnosed as pregnant on 20.07.2026. In those circumstances, the petitioner has approached this Court for a direction to the respondents to provide compensation. Learned counsel also submits that the petitioner was admitted in the Government Rajaji Hospital, Madurai on 21.07.2026 and that her fallopian tube was removed on said date.
2. Relying on G.O.Ms. No. 173, Health and Family Welfare Department (R2), dated 31.05.2022, it is submitted that the petitioner is entitled to compensation of Rs.30,000/- each from the Union of India and the State Government as compensation. Learned counsel also relies on a recent judgment of the Division Bench of this Court in The Secretary to Government, Health Department and Others v. Rihana, W.A. No. 821 of 2026, judgment dated 05.10.2026. In particular, learned counsel submits that the petitioner is also entitled to approach the jurisdictional Civil Court as per the said judgment.
3. Mr. Parthiban, learned Special Government Pleader, submits that the recommendation for payment of compensation in terms of G.O.Ms. No. 173 was forwarded by the fifth respondent to the second respondent for further action.
WP(MD) No. 29535 of 2026
4. Considering the above submissions, this petition is disposed of on the following terms:
(i) The second and fifth respondents are directed to take all necessary measures to consider and dispose of the petitioner's request for compensation in terms of G.O.Ms. No. 173. This process shall be concluded within a maximum period of one month from the date of receipt of a copy of this order.
(ii) In case the petitioner intends to claim higher compensation, it is open to the petitioner to approach the jurisdictional Civil Court. If a suit were to be filed, the Civil Court shall decide the same on merits without being influenced by any observations in this order. Any compensation received in the meantime by the petitioner under G.O.Ms. No. 173 shall be taken into account while determining compensation in such civil suit.
(iii) There shall be no order as to costs. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PKN
WP(MD) No. 29535 of 2026 To
1. The Secretary to Government Health and Family Welfare Department Fort St. George Chennai-600 009Chennai
2. The Director Directorate Of Health And Family Welfare Department DMS Complex Chennai- 600 006
3. The Joint Director of Medical Service DMS Office Campus Teynampettai Chennai-600 018
4. The District Collector Collectorate Complex Collector Office Road Alwarpuram Madurai
5. The Deputy Director Family Welfare Multipurpose Female Training Campus Viswanathapuram Madurai-14
6. The Dean Government Rajaji Hospital Panagal Road Alwarpuram Madurai Tamil Nadu- 625020
7. The Registered Medical Officer Government Rajaji Hospital Near Madurai Medical College Panagal Road Alwarpuram Madurai Tamil Nadu -625020
WP(MD) No. 29535 of 2026 SENTHILKUMAR RAMAMOORTHY, J. PKN WP(MD) No. 29535 of 2026 10-11-2026