M/S.Miot International v. State Rep.By The Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.12036 of 2016 and W.M.P.No.10404 of 2016 M/s.MIOT International Hospital Rep. by its Managing Director, Dr.P.V.A.Mohandas.

... Petitioner -Vs1. State Rep. by The Chief Secretary, Govt. of Tamilnadu, Fort St. George, Chennai.

2. The Secretary, Govt. of Tamilnadu, Health and Family Welfare Dept., Fort St. George, Chennai.

3. The State Appropriate Authority, Human Organ Transplantation Act, 1994 & The Director of Medical and Rural Health Services, Teynampet, Chennai.

4. The Director of Medical Education, Kilpauk, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in Ref.No.73602/E7/1/2015 dated 25.01.2016 on the file of 3rd respondent herein and quash the same and further direct the 3rd respondent to consider petitioner's representation dated 22.03.2016.

For Petitioner :

Mr.R.Shanmugasundaram, Senior Counsel For Mr.L.Baskaran For Respondents :

Mr.S.T.S.Murthi, Government Pleader, assisted by Mr.V.R.Kamalanathan, Additional Government Pleader & Mr.V.Shanmuga Sundar, Government Advocate

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, learned senior counsel for the petitioner confines the relief to a decision to be taken by the third respondent to permit the petitioner to continue the transplant operations in view of the subsequent report of the Expert Committee that necessary remedial action has been taken.

2.Learned Government Pleader assures that a decision in this behalf will be taken within one (1) week from today. 3.The aforesaid statement is taken on record and the respondents to remain bound by the same.

4.Writ Petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.10404 of 2016 stands closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sra To

1. The Chief Secretary Govt. of Tamilnadu, Fort St. George, Chennai.

2. The Secretary, Govt. of Tamilnadu, Health and Family Welfare Dept., Fort St. George, Chennai.

3. The State Appropriate Authority, Human Organ Transplantation Act, 1994 & The Director of Medical and Rural Health Services, Teynampet, Chennai.

4. The Director of Medical Education, Kilpauk, Chennai.

+1cc to Mr.L.Baskaran, Advocate, S.R.No.20174 W.P.No.12036 of 2016 SNS(CO) CA(05/04/2016)