M.SANGEETHA vs THE STATE REP BY ITS PRINCIPAL SECRETARY TO GOVERN

WP No. 28856 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 28856 of 2023
CNR:{HCMA011583812023}
M.Sangeetha
W/o Mohan No 6 Thikkakulam, Ayanavaram
Vhennai 600 023
..Petitioner(s)
Vs
1. The State Rep By Its Principal Secretary To
Government
Family Planning And Social Wefare
Department, Secretariat, Fort St. George
Chennai 600 009
2. The Deputy City Medical Officer / Joint
Director
Medical Services Department Greater Chennai
Corporation Ripon Building Campus Chennai
600 003
3. The Deputy City Medical Officer / Deputy
Director
Medical Services Department Anna Nagar
Medical Zone, Zone - 8 Greater Chennai
Corporation No 13b / 36b Pulla Avenue,
Shenoy Nagar, Chennai 600 030
4. The Chief Medical Officer
Corporation Maternity Hospital, Ayanavaram
No 29, United India Colony, Market Street 1st
Main Road, Ayanavaram Chennai 600 023
5. Dr. Vanitha
Corproation Maternity Hospital Ayanavaram
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
No 29 United India Colony Market Street, 1st
Main Road, Ayanavaram Chennai 600 023
6. Tamil Nadu Medical Council
No. 959 & 960, Poonamallee High Rd,
Purasaiwakkam, Chennai, Tamil Nadu 600084
(R.6 - Suo Motu impleaded as per the order
dated 05.11.2026
..Respondent(s)
Prayer: Directing the Respondents 1 to 4 to take appropriate action
against the 5th Respondent for her medical negligence and carelessness in the
tubectomy surgery of the petitioner at the 4th respondents hospital.
For Petitioner(s): M/s.C.V. Salin Nisha
For Respondent(s): Mrs. Indhu Karunakaran, SGP for R1, R5 & R6
Mrs.Nithya Muthukumaraswamy for R2 to R4
ORDER
This Writ Petition has been filed for the following reliefs:-
“Directing the Respondents 1 to 4 to take appropriate action against the
5th Respondent for her medical negligence and carelessness in the tubectomy
surgery of the petitioner at the 4th respondents hospital.”
2. The petitioner would submit that she got married to one Mohan on
01.02.2008 and has two male children, namely Sanjay and Santhosh. Her
second delivery took place on 04.09.2010 at the 4th respondent Corporation
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
Maternity Hospital, Ayanavaram, through Caesarean section. On the same day,
she also underwent Lower Segment Caesarean Section (LSCS) with
Tubectomy, for which a sterilisation certificate was issued by the hospital. She
was admitted as an inpatient from 04.09.2010 to 23.09.2010 and thereafter
attended follow-up check-ups.
3. The petitioner would submit that, even after discharge, she continued
to suffer from severe abdominal pain, menstrual bleeding and physical
discomfort, resulting in considerable weight loss. Despite undergoing treatment
at various hospitals, her health condition did not improve. Subsequently, due to
severe abdominal pain and vomiting, she approached Kilpauk Government
Hospital on 03.01.2022, where scanning and X-ray revealed the presence of a
surgical needle measuring approximately 5 cm inside her abdomen.
4. The petitioner would submit that she was informed that the surgical
needle had been left inside her abdomen during the surgery performed at the 4th
respondent hospital. Consequently, she was admitted as an inpatient from
03.01.2022 to 12.01.2022 and underwent another surgery for removal of the
needle. The said incident caused her severe physical pain, mental agony and
financial hardship, as she was compelled to borrow money for her medical
treatment.
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
5. The petitioner would submit that the 5th respondent, Dr. Vanitha, had
performed the Caesarean section and Tubectomy surgery at the 4th respondent
hospital and that the surgical needle was allegedly left inside her abdomen due
to negligence and carelessness during the procedure.
6. The petitioner would submit that she lodged a complaint before the
Commissioner of Police, Chennai, on 15.06.2022, which was forwarded to K2
Ayanavaram Police Station. However, no effective action was taken. She also
submitted an RTI application dated 30.11.2022 seeking details of the treatment
and the doctor who performed the surgery. Though the application was
forwarded to the 3rd respondent on 09.12.2022, the required information was
not furnished.
7. The petitioner would further submit that she submitted a representation
dated 02.08.2023 to the respondents seeking appropriate action against the 5th
respondent for the alleged medical negligence. However, the respondents have
neither conducted a proper enquiry nor initiated any action against the 5th
respondent. Hence, the petitioner is before this Court seeking the reliefs stated
supra.
8. Heard the learned counsel on either side and perused the records.
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
9. The main argument advanced on the side of the respondents was that
the petitioner has approached this Court 12 years after the surgery and further
that till 2022 she had not taken any steps despite her contention that she has
been suffering immense pain.
10. This Court cannot lose sight of the fact that the petitioner belongs to
the lower strata of society, her husband being a daily wage labourer. That apart,
the petitioner could have least imagined that a surgical needle would have been
left inside her abdomen after her earlier surgery. The petitioner had apparently
put up with the pain, as her economic condition did not permit her the luxury of
seeking medical treatment. The presence of the needle in her abdomen was
discovered by another Government Hospital, namely, Kilpauk Medical College
Hospital. The discharge summary issued to the petitioner by the said Hospital
takes note of her earlier medical history and records and except for the surgery
performed at the 4th respondent Hospital, namely, LSCS with Tubectomy, the
petitioner had not undergone any other surgery. The intra-operative findings
dated 06.01.2022 record the presence of a needle measuring 5 cm on the left
side of the abdomen. This finding clearly exposes the callous manner in which
the surgery was performed. This incident definitely requires an investigation.
This Court cannot overlook the negligence on the part of the 4th respondent
Hospital and the suffering endured by the petitioner solely on the ground that
she had approached the Court belatedly.
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
th
11. Therefore, the 6 respondent herein, who has now been suo motu
th
impleaded, shall issue notice to the 5 respondent and the petitioner and after
hearing both parties shall pass necessary orders on the representation of the
th
petitioner. It is needless to state that the 6 respondent shall take into
th
consideration the entire records relating to the petitioner’s delivery at the 4
respondent hospital and the report of the Kilpauk Medical College Hospital. The
said exercise shall be concluded within a period of 2 months from the date of
receipt of a copy of this order. No costs.
05-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHR
To
1. The State Rep By Its Principal Secretary To Government
Family Planning And Social Welfare Department, Secretariat, Fort St.
George Chennai 600 009
2. The Deputy City Medical Officer / Joint Director
Medical Services Department Greater Chennai Corporation Ripon Building
Campus Chennai 600 003
3. The Deputy City Medical Officer / Deputy Director
Meducal Services Department Anna Nagar Medical Zone, Zone - 8 Greater
Chennai Corporation No 13b / 36b Pulla Avenue, Shenoy Nagar, Chennai
600 030
4. The Chief Medical Officer
Corporation Maternity Hospital, Ayanavaram No 29, United India Colony,
Market Street 1st Main Road, Ayanavaram Chennai 600 023
5. Dr. Vanitha
Corporation Maternity Hospital Ayanavaram No 29 United India Colony
Market Street, 1st Main Road, Ayanavaram Chennai 600 023
6. Tamil Nadu Medical Council
No. 959 & 960, Poonamallee High Rd, Purasaiwakkam, Chennai, Tamil
Nadu 600084
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )

WP No. 28856 of 2023
P.T.ASHA J.
SHR
WP No. 28856 of 2023
05-11-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2026 08:22:53 pm )