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2025 DAILYLAW 154170 (MAD)

Hindu Dharma Parishad v. The Union of India

WP(MD)/21214/2019 · 2025-07-03

S M Subramaniam, S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.21214 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.21214 of 2019 and W.M.P.(MD) No.17859 of 2019 Hindu Dharma Parishad, Rep., by K.K.Ramesh, Managing Trustee, No.26A, Old Mahalipatti Road, Madurai-625 001. ... Petitioner Vs. 1.The Union of India, Rep., by its Home Secretary, Ministry of Home Affairs, North Block, New Delhi. 2.The Union of India, Rep., by Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, Maulana Azad Road, New Delhi-110 011. 3.The Union of India, Rep., by Secretary, Ministry of Law and Justice, Union Secretariat, New Delhi. 4.The State of Tamilnadu, Rep., by its Chief Secretary, Secretariat, Chennai-9. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.21214 of 2019 5.The State of Tamilnadu, Rep., by its Home Secretary, Home Department, Secretariat, Chennai. 6.The State of Tamilnadu, Rep., by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai. 7.The State of Tamilnadu, Rep., by its Principal Secretary, Law Department, Secretariat, Chennai. 8.The State of Tamilnadu, Rep., by Secretary, Tamilnadu Legislative Assembly, Secretariat, Chennai-9. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct Respondents 1 to 3 to instruct the respondents 4 to 8 to enact a new special law regarding the Medical Checkup to the marrying couples before their marriage, then only married couples will be protected from many problems and evils by considering the petitioner's representation dated 05.09.2019. For Petitioner : Mr.K.K.Ramesh Party-in-person For RR1 to 3 : Mr.M.Karthikeya Venkatachalapathy For RR4 to 8 : Mr.P.Thilakkumar Government Pleader 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.21214 of 2019 O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct Respondents 1 to 3 to instruct respondents 4 to 8 to enact a new special law regarding the Medical Checkup to the marrying couples before their marriage. 2. High Court in exercise of power of judicial review cannot direct to legislate law. It is the constitutional function of parliament legislature and therefore, the direction as such sought for in the present writ petition cannot be granted. Thus, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [S.S.Y., J.] 03.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.21214 of 2019 To 1.The Home Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi. 2.The Secretary, Union of India, Ministry of Health and Family Welfare, Nirman Bhawan, Maulana Azad Road, New Delhi-110 011. 3.The Secretary, Union of India, Ministry of Law and Justice, Union Secretariat, New Delhi. 4.The Chief Secretary, State of Tamilnadu, Secretariat, Chennai-9. 5.The Home Secretary, State of Tamilnadu, Home Department, Secretariat, Chennai. 6.The Principal Secretary, State of Tamilnadu, Health and Family Welfare Department, Secretariat, Chennai. 7.The Principal Secretary, State of Tamilnadu, Law Department, Secretariat, Chennai. 8.The Secretary, State of Tamilnadu, Tamilnadu Legislative Assembly, Secretariat, Chennai-9. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.21214 of 2019 S.M.SUBRAMANIAM, J. and S.SRIMATHY, J. abr W.P(MD)No.21214 of 2019 03.07.2025 5/5 https://www.mhc.tn.gov.in/judis