M.Prabhu vs The State of Tamilnadu Rep by
- Court
- Madras High Court
WP Crl.(MD) No. 5999 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04-11-2026
CORAM
THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5999 of 2026
CNR:{HCMD011587582026}
M.Prabhu
..Petitioner
Vs
1. The Principal Secretary to Government,
Health and Family Welfare Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2. The Secretary to Government,
Home (Police) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai - 600 009.
3. The District Collector,
Sivagangai District,
Sivagangai.
4. The Dean,
Government Rajaji Hospital,
Madurai - 625 020.
5. The Superintendent of Police,
Sivagangai District,
Sivagangai.
6. The Inspector of Police,
Keeladi Police Station,
Sivagangai District.
..Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus or any other
appropriate writ, order or direction, directing the respondents to preserve
the body of the petitioner’s deceased father, Manoharan, presently in the
custody of the Government Rajaji Hospital, Madurai, and to arrange a re-
post-mortem examination by a team of senior forensic medical experts
under complete video-graphic coverage, with the assistance of the
appropriate forensic personnel, before handing over the body to the
family, subject to medical feasibility and the orders of this Court and pass
such further or other orders as this Court may deem fit.
For Petitioner : M/s.M.Ponniah
For Respondents : Mr.M.S.Parthiban
Government Advocate
for R1, R3 and R4
M/s.K.Suyambulinga Bharathi
Additional Public Prosecutor
for R2, R5 and R6
ORDER
The petitioner has filed the present Writ Petition seeking a
direction to the respondents to preserve the body of his deceased father,
Manoharan, presently stated to be in the custody of the Government
Rajaji Hospital, Madurai and to arrange for a re-post-mortem
examination by a team of senior forensic medical experts, under
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continuous videographic coverage and with the assistance of appropriate
forensic personnel, before handing over the body to the family, subject to
medical feasibility and the orders of this Court.
2. The case of the petitioner is that his father, Manoharan, was
employed in a private establishment belonging to V.K.M.T. Chambers at
Jothipuram, where he was engaged in work relating to the firing of Raw
bricks. According to the petitioner, on 24.10.2026, at about 4.00 p.m.,
while his father was attending to his usual work, he allegedly fell down
from a chamber and sustained multiple injuries. The persons associated
with the establishment are stated to have taken him to the Government
Primary Health Centre, Kundrakudi, in a serious condition.
3. The petitioner would submit that his brother informed him about
the incident over the telephone at approximately 6.50 p.m. on the same
day. He immediately proceeded to the hospital and found his father with
severe injuries on his head, face, neck, left hand, knees and other parts of
his body.
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4. It is the further case of the petitioner that the Medical Officer at
the Government Primary Health Centre advised that his father be shifted
to the Government Rajaji Hospital, Madurai, for further treatment,
considering the seriousness of his condition. Accordingly, he was
transported by a 108 ambulance and admitted to the emergency ward of
the said hospital.
5. Despite the treatment provided, the petitioner's father died on
25.10.2026 at approximately 9.00 a.m. The petitioner submits that the
number, nature and distribution of the injuries found on his body have
given rise to serious apprehensions regarding the actual circumstances in
which the injuries were sustained and the events leading to his death.
6. The petitioner states that he lodged a complaint before the
Inspector of Police, Keeladi Police Station, Sivagangai District and a case
was registered in Crime No. 96 of 2026. The petitioner seeks a fair and
effective investigation into the circumstances surrounding his father's
death. The petitioner would further submit that, having regard to the
multiple injuries found on the deceased, he requested the authorities to
ensure that the post-mortem examination was conducted by experienced
forensic medical experts under videographic coverage. However, he
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entertains serious apprehensions as to whether all the injuries were
properly examined, documented and correlated with the alleged fall from
the Chamber.
7. On the above grounds, the petitioner seeks preservation of the
body and a re-post-mortem examination by an independent team of senior
forensic medical experts, with continuous videography and appropriate
forensic documentation, before the body is handed over to the family.
8. On the other hand, the learned Additional Public Prosecutor, on
instructions, would submit that the post-mortem examination has already
been conducted by a duly constituted team of doctors. The entire post-
mortem proceedings have been videographed and the post-mortem report
has also been duly prepared and the same has been produced before this
Court. It is further submitted that the investigation is still in progress and
all necessary steps are being taken by the investigating agency to
ascertain the circumstances surrounding the death. He would further
submit that there is absolutely no necessity to retain the body in the
mortuary any longer and that no further post-mortem examination is
warranted at this stage.
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9. This Court has considered the submissions made by the learned
counsel appearing for the petitioner, the learned Additional Public
Prosecutor and the learned Government Advocate and perused the
materials placed on record.
10. The death of a person following an alleged work place
accident, particularly when multiple injuries are said to have been
sustained, calls for a careful and scientifically reliable investigation into
the circumstances leading to the death. The purpose of a post-mortem
examination is not merely to record the fact of death, but also to
document the injuries, ascertain the nature and probable cause, and assist
the investigating agency in determining whether the injuries are
consistent with the history of the occurrence.
11. At the same time, a re-post-mortem examination is not to be
ordered mechanically merely because the family expresses dissatisfaction
with the initial examination. The Court must consider whether the body
remains available for examination, whether the proposed examination is
medically feasible, and whether the materials placed before the Court
disclose a sufficient reason to undertake a further forensic examination.
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12. In the present case, the primary consideration is that the post-
mortem examination had already been conducted by a duly constituted
team of doctors. A second post-mortem examination cannot be ordered
merely because a petitioner entertains a suspicion that the first
examination may not have correctly established the cause of death. A
genuine medical or procedural deficiency in the first post-mortem
examination was not pointed out by the petitioner. Further, the
prosecution specifically submitted that the post-mortem examination had
been conducted by a team of doctors. There was no material
demonstrating that the medical team had failed to examine any particular
injury, omitted any essential procedure, or improperly recorded the
findings.
13. Furthermore, the entire post-mortem examination had been
videographed which provides an objective record of the medical
examination and may assist the investigating agency, medical experts and
the Court in subsequently examining the manner in which the post-
mortem was conducted. It also preserves a contemporaneous visual
record of the examination and enables scrutiny of the external and
internal examination, to the extent captured in the recording. Further, it
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facilitates verification of the observations recorded in the post-mortem
report. It may assist in obtaining an independent medical opinion if any
genuine discrepancy subsequently emerges. Thus, the availability of
videographic material is a relevant factor in determining whether another
physical examination is necessary.
14. Further, in the present case, no specific deficiency was
demonstrated by the petitioner before this Court warranting re-post-
mortem examination. The petitioner appears to have entertained an
apprehension regarding the correctness of the first post-mortem.
However, a mere apprehension, without supporting medical or other
material would not ordinarily justify directing a second examination.
15. The Dean of the Government Rajaji Hospital, Madurai shall
secure and preserve the original post-mortem certificate, preliminary and
final post-mortem reports, photographs, videographic recordings, hospital
treatment records, emergency case sheets, investigation reports, records
relating to the shifting of the deceased by the 108 ambulance, and all
other connected medical and forensic materials available with the
hospital.
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16. Another significant consideration was the submission of the
learned Additional Public Prosecutor that the investigation had not yet
been completed. It is for the investigating agency to proceed with the
investigation in accordance with law and arrive at an appropriate
conclusion based on the medical evidence, post-mortem report,
videographic records and other material collected during the course of
investigation.
17. The Superintendent of Police, Sivagangai District, shall ensure
that the investigating officer in Crime No. 96 of 2026 preserves the
inquest report, scene of occurrence records, statement of relevant
witnesses, photographs, and all other materials collected during the
investigation. The investigating officer shall also ascertain and record the
circumstances under which the injuries were allegedly sustained at the
work place.
18. Therefore, in such circumstances, in the absence of any specific
material placed before this Court to indicate any procedural irregularity
or deficiency in the post-mortem examination already conducted, this
Court is not inclined to issue a direction for conducting a second post-
mortem examination.
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19. Though this Court has rejected the request for a second post-
mortem, however, the investigating agency is directed to investigate the
actual cause of death from all relevant angles and preserve the forensic
samples.
20. Further, this Court is consequently of the view that the body
need not be retained indefinitely in the mortuary merely because the
petitioner continued to entertain doubts regarding the post-mortem
findings. This Court did not leave the petitioner without any avenue to
pursue the matter. Instead, this Court directs the petitioner to extend full
cooperation to the investigating agency and furnish information
concerning the circumstances preceding the death, the hospital admission,
the medical treatment or other relevant events. If the petitioner has any
material suggesting a discrepancy in the medical findings, the same can
be furnished to the investigating agency for appropriate examination.
21. It is made clear that the observations made herein are confined
to the limited relief sought for in the present Writ Petition and shall not
influence the course of investigation or the conclusions to be arrived at by
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the investigating agency. The investigating agency shall proceed
independently and complete the investigation in accordance with law.
22. In view of the foregoing reasons, this Court finds no merit in
the Writ Petition warranting interference by this Court. Accordingly, the
Writ Petition stands dismissed. Connected Miscellaneous Petitions, if
any, shall stand closed.
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
mar/skn
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To
1. The Principal Secretary to Government,
Health and Family Welfare Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2. The Secretary to Government,
Home (Police) Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai - 600 009.
3. The District Collector,
Sivagangai District,
Sivagangai.
4. The Dean,
Government Rajaji Hospital,
Madurai - 625 020.
5. The Superintendent of Police,
Sivagangai District,
Sivagangai.
6. The Inspector of Police,
Keeladi Police Station,
Sivagangai District.
7. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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K.GOVINDARAJAN THILAKAVADI, J.
mar/skn
WP Crl.(MD) No. 5999 of 2026
04-11-2026.
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