Aminath Nasrin v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Mrs.Aminath Nasrin .....Petitioner Vs 1.The Chairman Office of The Chairman Organization Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010 2.The Principal Secretary To Government Health And Family Welfare Deparment Government Of Tamilnadu Fort St. George, Chennai 600 009 3.M/s Medway Hospitals No 2/23, 1st Main Road United India Colony Kodambakkam,Chennai 600 024 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to consider the application dated 07.08.2024 submitted by the petitioner for the Renal Transplantation before the first respondent and call the petitioner for interview within a short time and to pass an order according approval for undergoing renal transplantation.

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For Petitioner : Mr.G.R.M.Palaniappan For Respondents : Mr.E.Sundaram Government Advocate for R1 and R2

O R D E R

The petitioner herein seeks a direction to 1st respondent to consider the application dated 07.08.2024 submitted by the petitioner for renal transplantation within a time fixed by this Court.

2. It is the case of the petitioner that she is suffering from renal ailment and one Mrs.S.Maheswari, wife of Mr.V.Srinivasan residing at Door No.3/1203/12, Pazhaiya Chinnakavundampalayam, Pallipalayam Village, Kumarapalayam Taluk, Namakkal District came forward to donate her kidney. The petitioner produced a relationship certificate issued by Tahsildar, Kumarapalayam that donar and donee were close family members. The 1st respondent failed to take into consideration the application submitted by the petitioner and give his approval. Therefore, the petitioner has come before this Court.

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3. Mr.E.Sundaram, learned Government Advocate, who takes notice for the respondents 1 and 2, on written instructions, submits that 1st respondent has sent a letter to concerned District Collector seeking details about the genuineness of the certificate issued by Tahsildar, Kumarapalayam in proceedings No.Moo.Mu.3000/2023/A4 dated 11.12.2023. As soon as the 1st respondent gets report from the Tahsildar, the application of the petitioner will be considered in accordance with law.

4. In view of the said submission made by the learned Government Advocate for the respondents 1 and 2, taking into consideration that petitioner is suffering from renal ailment, the 1st respondent is directed to send a communication directly to the Tahsildar, Kumarapalayam seeking details about the genuineness of the certificate issued by him dated 11.12.2023 within a week from the date of receipt of copy of this order. The concerned Tahsildar is directed to send his response to the 1st respondent within a period of one week from the date of receipt of communication from the 1st respondent.

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5. Once the 1st respondent receives response from the concerned Tahsildar, the application of the petitioner shall be considered as expeditiously as possible preferably within a period of two weeks from the date of receipt of communication from Tahsildar.

6. With the above directions, the writ petition stands disposed of. No costs.

17.12.2024 Index:Yes/No Internet:Yes/No nr To 1.The Chairman Office of The Chairman Organization Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010 2.The Principal Secretary To Government Health And Family Welfare Deparment Government Of Tamilnadu 4/5

Fort St. George, Chennai 600 009 S.SOUNTHAR, J.

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