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2025 DAILYLAW 105074 (MAD)

ANNATURAI v. THE STATE OF TAMIL NADU

WP/36368/2025 · 2025-09-22

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.No.36368 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.36368 of 2025 1.Annaturai 2.Solaiyan ... Petitioners Vs. 1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009. 2 THE CHAIRMAN OFFICE OF THE AUTHORISATION COMMITTEE (TRANSPLANTATION) DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI. 3 SRI RAMACHANDRA MEDICAL CENTRE SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, PORUR, CHENNAI 600 116. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to forthwith grant approval for the kidney transplant surgery to be performed at 1/4 https://www.mhc.tn.gov.in/judis W.P.No.36368 of 2025 the third respondent Hospital by considering the first petitioner's application dated 12.09.2025. For Petitioners : Mr.K.Sathish Kumar For Respondents : Mr.E.Sundaram Government Advocate O R D E R Mr.E.Sundaram, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to forthwith grant approval for the kidney transplant surgery to be performed at the third respondent Hospital by considering the first petitioner's application dated 12.09.2025. 3.The learned counsel appearing for the petitioners submitted that the first petitioner made application before the second respondent seeking approval for kidney transplantation on 12.09.2025, however there is no response. 4.The learned Government Advocate appearing for the 2/4 https://www.mhc.tn.gov.in/judis W.P.No.36368 of 2025 respondents submitted that the application has to be forwarded to the second respondent only by the treating Hospital namely, the third respondent and not directly by the first petitioner. Hence, the first petitioner's application was returned on 19.09.2025. However, if any application for approval of kidney transplantation goes to the second respondent through the third respondent or any other treating Hospital, the same will be considered and appropriate orders will be passed. 5.Recording the submission made by the learned Government Advocate appearing for the respondents, this writ petition is closed, with direction to the petitioners to send application for approval of kidney transplantation to the second respondent through the treating Hospital so as to enable the second respondent to consider the same. 6.The writ petition is closed. No costs. 22.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4 https://www.mhc.tn.gov.in/judis W.P.No.36368 of 2025 M.DHANDAPANI,J. pri To 1 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009. 2 THE CHAIRMAN OFFICE OF THE AUTHORISATION COMMITTEE (TRANSPLANTATION) DIRECTORATE OF MEDICAL EDUCATION, KILPAUK, CHENNAI. 3 SRI RAMACHANDRA MEDICAL CENTRE SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, PORUR, CHENNAI 600 116. W.P.No.36368 of 2025 22.09.2025 4/4 https://www.mhc.tn.gov.in/judis