S.Jayaram v. The Authorisation Committee (Transplantation)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HON'BLE MR.JUSTICE R. MAHADEVAN Writ Petition No.20142, 20144, 20145, 20149 & 20151 of 2021 & WMP.Nos. 21415, 21416, 21417, 21420 & 21421 of 2021
1. Mr.S.Jayaram
2. Mrs.K.Kalaiselvi ... Petitioners in WP.20142/2021
1. Mr.V.Melvin
2. Mrs.M.Vijayarani ... Petitioners in WP.20144/2021
1. Mr.P.Paul Dhinakar
2. Mrs.Radha Sakthivel ... Petitioners in WP.20145/2021
1. Mr. Sundararajan
2. Mrs.Sanmugavalli ... Petitioners in WP.20149/2021
1. Mr.S. Kanagaraj
2. Mrs.P.Eswari ... Petitioners in WP.20151/2021 versus 1.The Authorisation Committee (Transplantation), represented by its Chairman Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai 600 010.
2.K.G.Hospital, represented by its Chairman No.5,Govt. Arts College Road, oimbatore 641 018.
... Respondents in all WPs WP.Nos.20142, 20145, 20149 and 20151 of 2021: Writ Petitions under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioners' respective representations dated 06.09.2021, 12.09.2021, 06.09.2021 and 08.09.2021 and pass orders in accordance with law and grant approval for Kidney transplantation from 2nd petitioner to 1st petitioner and to do
the transplantation by the 2nd respondent on the priority basis within the time to be stipulated by this Court. WP.No.20144 of 2021: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to forward the petitioners' medical records and necessary documents in the prescribed form to the 1st respondent and the 1st respondent to scrutinise the same either through physical hearing or through virtual hearing and grant approval for kidney transplantation from 2nd petitioner to 1st petitioner and to do the transplantation by the 2nd respondent on the priority basis on the basis of the petitioner's representation dated 22.07.2021 within a time to be stipulated by this court.
For Petitioners :
Mr. Manivasagam For Respondents :
Mr.Stalin Abhimanyu Govt. Advocate - R1 M/s. Elizabeth Seshadri - R2 COMMON ORDER By consent of both the parties, these writ petitions are taken up for final disposal at the time of admission itself. 2.The relief sought in all these writ petitions is to issuance of mandamus directing the respondents to consider the petitioners' respective representations and grant approval for Kidney transplantation from the second petitioner to the first petitioner and to do the transplantation by the 2nd respondent hospital, on priority basis, within a time frame to be stipulated by this Court.
3.When the matters were taken up for consideration, Mrs.Elizabeth Seshadri, learned counsel taking notice for the second respondent, on instructions, submitted that in respect of three writ petitions viz., W.P.Nos.20144, 20149 and 20151 of 2021, the process of forwarding the documents to the first respondent has already been completed by the second respondent hospital authorities and in respect of other two writ petitions viz., W.P.Nos.20142 and 20145 of 2021, the petitioners are required to sign the necessary papers for proceeding further. 4.In reply, the learned counsel appearing for the petitioners submitted that the petitioners will appear and sign the required papers, at the earliest, so as to enable the second respondent authorities to forward the same to the first
respondent and get approval for kidney transplantation. 5.The learned counsel appearing for the first respondent fairly submitted that on receipt of the recommendation from the second respondent hospital authorities, the first respondent would take instant action and pass necessary orders, taking note of the health conditions of the patients.
6.In view of the above, this court is of the opinion that no further orders need passed in these writ petitions, except recording the submissions made by the learned counsel appearing for all the parties. Accordingly, these writ petitions are disposed of. No costs.
Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msr To 1.The Chairman, The Authorisation Committee (Transplantation), Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai 600 010.
2.The Chairman, K.G.Hospital, No.5,Govt. Arts College Road, Coimbatore 641 018.
+1cc to Mr.H.Karthik Seshadri, Advocate Sr No.50619 +1cc to M/s.M.Manivasagam Associates, Advocate Sr No.50354 +1cc to the Government Pleader Sr No.50906 Writ Petition No.20142, 20144, 20145, 20149 & 20151 of 2021 & WMP.Nos. 21415, 21416, 21417, 21420 & 21421 of 2021 KV CO) PR (01/10/2021)