Kavitha Anand v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. Nos.26709 and 29977 of 2024 Kavitha Anand ...
Petitioner Vs
1. State of Tamil Nadu Rep. by its Principal Secretary to Government Fort St. George, Chennai - 600 009 (Near Reserve Bank of India).
2. The Director,
3. The Joint Director of Health Service, District Medical Board, O/o. Joint Director of Health Service, 1/6
4. National Surrogacy Board, Department of Health Research 2nd Floor, IRCS Building 1 Red Cross Road, New Delhi - 110 001.
5. Tamil Nadu State Surrogacy Board,
6. The Secretary, Health and Family Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009 (Near Reserve Bank of India) ...
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to permit the petitioner to allow the use of Assisted Reproductive Technology services for the Petitioner's IVF treatment under the provisions of the Assisted Reproductive Technology Act, 2021 and the Assisted Reproductive Technology (Regulation) Rules, 2022.
For petitioner : Mr.G.R. Hari For respondents : Mr. Rabu Manohar for R4 Mr.E.Sundaram, Govt. Advocate for RR1, 2, 3, 5 & 6 2/6
ORDER
This writ petition has been filed for Mandamus seeking for a direction to the 2nd and 3rd respondents to permit the petitioner to allow the use of Assisted Reproductive Technology services for the Petitioner's IVF treatment under the provisions of the Assisted Reproductive Technology Act, 2021 and the Assisted Reproductive Technology (Regulation) Rules, 2022.
2. When the matter is taken up for hearing, the learned counsel for the petitioner fairly submitted that prior to filing of this writ petition, the Union Government had issued a Communication, dated 12.07.2024 to the petitioner, whereby the prayer sought for in this writ petition was rejected after considering the petitioner's representation, dated 02.07.2024.
3. Recording the fair submission made by the learned counsel for the petitioner, nothing survives for further adjudication in this writ petition and the same is closed. However, liberty is granted to the petitioner to challenge the Communication, dated 12.07.2024 in the manner known to law. In view of the same, the connected miscellaneous petition as well as the amendment petition viz., W.M.P. No.29977 of 2024 are also closed. 3/6
30.09.2024 Note : Registry is directed to return the original Communication, stated supra, dated 12.07.2024 to the learned counsel for the petitioner, after retaining a xerox copy of the same with this bundle. Index: Yes/ No Speaking order / Non speaking order vsi2 To
1. The Principal Secretary to Government State of Tamil Nadu Fort St. George, Chennai - 600 009 (Near Reserve Bank of India).
2. The Director,
3. The Joint Director of Health Service, District Medical Board, O/o. Joint Director of Health Service, 4/6
4. National Surrogacy Board, Department of Health Research 2nd Floor, IRCS Building 1 Red Cross Road, New Delhi - 110 001.
5. Tamil Nadu State Surrogacy Board,
6. The Secretary, Health and Family Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009 (Near Reserve Bank of India) M.DHANDAPANI, J.
vsi2 5/6
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