1 APHC010304892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15583/2025 Between: 1. PATTUR SHANMUGAM, S/O LATE P.KHSHNAIAH, AGED 55 YEARS, OCC EX-CHAIRMAN OF CHITTOOR CO-OPERATIVE TOWN BANK LTD., R/O.D.NO.6-625/1, NAGALAMMAGUDI STREET, SANTHAPET, CHITTOOR TOWN, CHITTOOR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE SECRETARIAT, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEVELOPMENT, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DIST. 3. THE COMMISSIONER, HEALTH, MEDICAL AND FAMILY WELFARE, O/O 5TH FLOOR APIIC BUILDING MANGALAGIRI GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, TIRUPATHI DIST., AT TIRUPATHI. 5. THE DISTRICT COLLECTOR, CHITTOOR DIST., AT CHITTOOR. 6. THE DISTRICT MEDICAL AND HEALTH OFFICER, CHITTOOR DIST., AT CHITTOOR. 7. THE ADDITIONAL D M E AND SUPERINTENDENT, S.V.R.R GOVERNMENT GENERAL HOSPITAL, TIRUPATI TOWN, 2 TIRUPATHI DISTRICT. 8. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, CHITTOOR TOWN, CHITTOOR DISTRICT. 9. THE SUPERINTENDENT, CHITTOOR GOVERNMENT DISTRICT HOSPITAL, CHITTOOR TOWN, CHITTOOR DISTRICT. 10. THE STATION HOUSE OFFICER, II TOWN, CHITTOOR TOWN, CHITTOOR DISTRICT. 11. THE APOLLO HOSPITALS, REP. BY ITS CHIEF EXECUTIVE OFFICER, REGISTERED OFFICE AT NO. 19, BISHOP GARDENS, RAJA ANNAMALAIPURAM, CHENNAI - 600 028. 12. THE APOLLO HOSPITALS EDUCATIONAL AND RESEARCH FOUNDATION, REP. BY ITS TREASURER AND AUTHORISED SIGNATORY, CMBRC, AHERF, 1ST FLOOR, AHERF BUILDING, APOLLO HOSPITALS,JUBILEE HILLS, HYDERABAD - 500033 13. THE APOLLO INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, REP. BY ITS MEDICAL SUPERINTENDENT, MURUKAMBATTU, CHITTOOR, ANDHRA PRADESH - 14. NARESH REDDY, S/O.NOT KNOWN, IN-CHARGE THE APOLLO INSTITUTE OF MEDICAL SCIENCES AND RESEARCH MURUKAMBATTU, CHITTOOR, CHITTOOR DISTRICT. 15. DR SOWMYA, D/O.NOT KNOWN TO THE PETITIONER. DOCTOR AT THE APOLLO INSTITUTE OF MEDICAL SCIENCES AND MURUKAMBATTU, CHITTOOR, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to a writ or direction preferably writ of mandamus declaring the action of respondents particularly the respondents 5 to 7 in issuing the impugned expert committee report dt 19- 5-2025 which is illegal, arbitrary, capricious, unethical, spurious, unconstitutional and violative of principles of natural justice and consequently set aside the expert committee report and further direct the 1st respondent to form a fresh unbiased expert committee comprising of medical specialists from premier government medical institutions and 3 hospitals to decide whether there is any medical negligence on the part of 13th respondent in the treatment of petitioners daughter which lead to death and for forming upon a fresh medical opinion on the death of the petitioners daughter by negligent actions of the respondent No. 13 and pass any other order this Honble Court may deem fit in the interest of Justice Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 4 The Court made the following ORDER: The present writ petition is filed seeking the following relief: <…pleased to a writ or direction preferably writ of mandamus declaring the action of respondents particularly the respondents 5 to 7 in issuing the impugned expert committee report dt 19-5-2025 which is illegal, arbitrary, capricious, unethical, spurious, unconstitutional and violative of principles of natural justice…= 2. The case of the petitioner herein is that pursuant to the complaint submitted by the petitioner, the 4th respondent herein appointed an expert committee to enquire into the matter. Accordingly, the expert committee had enquired into the matter and submitted a report dated 19.05.2025. Aggrieved by the said report, the present writ petition is filed on the ground that the expert committee opined that there are lapses and negligence on part of the doctors or medical team who have treated the deceased and concluded the report as under: <In conclusion, there are many procedural lapses in the management of this <Atypical ? Head Injury= case of Smt.D.Sree Durga by the Hospital authorities. However gross medical negligence of the Hospital as alleged by the petitioners is not proved.= He further submits that the said final observation by the expert committee in their report is contrary to the findings made in their entire report. Therefore, the report submitted by the expert committee should be recalled and 4th respondent should be directed to appoint another expert committee to submit report afresh. 5 3. On the other hand, learned Government Pleader drew the attention of this Court in respect of finding No.2 as under: <No admission was done though there is suspected tibial spine fracture. The petitioners sated that admission was not done even after repeated requests by them. The duty orthopaedic specialist doctors have mentioned in their statement that there is no need of admission and patient can be conservatively managed on OP basis. Later the patient herself preferred to be discharged and treated at home. The expert team is of the opinion that the patient could have been admitted for observation and management of suspected tibial spine fracture. He also reiterates that though the report specifically stated there are procedural lapses while treating the deceased, but it cannot be said as gross medical negligence on part of the hospital as against the deceased. Therefore, the conclusion is as per the findings and enquiry of the committee. Since the expert committee submitted the report, it is for the petitioner to proceed further in accordance with law. 4. Heard learned counsel for the petitioner and learned Government Pleader appearing for respondents. 5. On perusal of the material, particularly, the report submitted by the expert committee, the fact remains that the 4th respondent herein being public authority rightly reacted due to the complaint received from the petitioner since daughter of the petitioner died due to alleged negligence treatment of the 13th respondent – hospital, for which, the 4th respondent 6 appointed an expert committee to enquire into the matter and directed to submit a report. Accordingly, the expert committee submitted a report on 19.05.2025 after due enquiry and detailed consultation with the stakeholders. 6. It is well known principle of law that once an expert committee was appointed, it can enquire and submit report as per the material available and according to their expertise. The conclusions arrived at by such an expert committee may or may not align with the expectations of the complainant/ petitioner. If that is so, the complainant/ petitioner cannot agitate against such expert committee’s report and he cannot seek constitution of another expert committee. 7. In view of the above discussion, this Court is of the considered view that if the petitioner intends to agitate medical negligence, the petitioner is available with statutory alternative remedy by way of initiating medical negligence dispute before the appropriate forum i.e., District Consumer Disputes Forum and State Commission, for adjudication of medical negligence as well as for getting compensation. 8. In view of the same, for the reasons stated, the petitioner is not entitled any further relief by way of mandamus under the jurisdiction of this Court. 9. Accordingly, the writ petition is disposed of and the petitioner is at liberty to avail alternate remedy. 7 Consequently, Miscellaneous Petitions, if any, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 28.01.2026 DDvvss 8 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 251 WRIT PETITION NO: 15583/2025 28.01.2026 DDvvss