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Madras High CourtWMP/29472/2025ordered

The Secretary To Government v. Mr.B.Mohan

2025-07-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.24172 of 2025 and W.M.P.No.27196 of 2025 Jothimani W/o.Ravenshwarar, 204, Muniyappan Kovil street, Ravenshwarar Nagar, Pallapatti, Salem District ....Petitioner Vs.

1. The Authorization Committee (Transplantation) Rep. By its Chairman, Coimbatore Medical College And Research, Kilpauk, Chennai 600 010

2. The State of Tamil Nadu, Rep. By its Principal Secretary, Department of Health and Family welfare, Secretariat, Fort St. George, Chennai 600 009

3. The Tahsildar Office of the Tahsildar, Salem West, Salem District.

4. K.G.Hospital Rep. By its Chairman, No.5, Government Arts College Road, Coimbatore District.

5. Kondunad Kidney Centre, No.206, 207 11 th street, Tatabad, Coimbatore - 641 012, Coimbatore District.

6. Mariyammal, W/o.Rajendran, 5/210, Kaliyammal Kovil Backside, Dasanaickenpatty, Salem PRAYER :- Writ petition filed under Article 226 of Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the 3rd respondent in O.Mu.No.1655/2024/A2 dated 17.12.2024 rejecting the application of the petitioner for issuance of family friend certificate to effect transplantation of human organ and quash the same as illegal and consequently, direct the respondents 1 to 3 to consider the petitioners application dated 04.11.2024 which is submitted through the 4th respondent for granting approval and permission for urgent kidney transplantation surgery by this Court. For Petitioner : Ms.M.Benazir Begum For Respondents : Mrs.M.Sneha Senior Panel counsel for R1 and R2 Mr.E.Sundaram Government Advocate for R3

ORDER

Today, the matter was listed under the caption "for being mentioned" on the ground that there is an inadvertent mistake that has crept in Paragraph No.10 of the order. Therefore, Paragraph No.10 of the order dated 08.07.2025 shall be replaced as follows:

10. In the light of the above discussion, there shall be a direction to the 4th respondent hospital to collect all the relevant documents and particulars and place the same before the Authorisation Committee, which is the first respondent in this writ petition. The Authorisation Committee shall evaluate the same and take a decision strictly in line with the Rules. This process shall be completed by the first respondent within a period of two weeks from the date of receipt of relevant documents from the 4th respondent hospital. The 4th respondent hospital is directed to place all the relevant documents before the Authorisation Committee within a period of one week from the date of receipt of a copy of this order.

3.The Registry is directed to carry out the necessary corrections in the order and issue fresh order copy. 24.07.2025 rka Note : Issue order copy on 24.07.2025.

N.ANAND VENKATESH.,J rka WP No.24172 of 2025 and W.M.P.No.27196 of 2025 24.07.2025