SEKAR REPORTER

Court News from Madras High Court

grant approval for Kidney transplantation case full order of THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11350 of 2022 and W.M.P. No.10886 of 2022 1. Sanjay Simon. Aag Ravinthiren speed

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[5/19, 18:33] Sekarreporter: W.P.No.11350 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.05.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.11350 of 2022
and
W.M.P. No.10886 of 2022
1. Sanjay Simon
2. T.Vijayalakshmi … Petitioners
Vs
1. K.G.Hospital
Rep. by its Chairman,
No.5, Govt. Arts College Road,
Coimbatore – 641 018.
2. The Authorisation Committee (Transplantation)
Rep. by its Chairman,
Directorate of Medical Education,
162, Poonamallee High Road,
Kilpauk, Chennai – 600 010. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court to
issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioners’
representation dated 01.04.2022 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
1st respondent on the priority basis within the time to be stipulated by this Court.
For petitioners : Mr.M.Manivasagam
for M/s.M.Manivasagam Associates
For respondents : Mr.J.Ravindran,
Additional Advocate General
Assisted by M/s.V.Yamuna Devi
for R2
ORDER
The relief sought for in the present writ petition is to direct the respondents 1 and 2 to
consider the petitioners’ representation, dated 01.04.2022 and pass orders and grant approval
for Kidney transplantation from the second petitioner to the first petitioner.
2. The first petitioner is residing at Coonoor, Nilgiris District. The first petitioner is aged
about 27 years and suffering from Kidney ailments. As per the medical diagnosis, the first
petitioner is suffering from end stage renal failure. Thus, the first respondent has to undergo
dialysis thrice a week. The Doctors strongly recommended surgical extraction and
transplantation of new Kidney in its place. Due to prolonged dialysis, the first petitioner is
suffering heavy pain. Thus, the first petitioner made arrangements for Kidney transplantation
and the second petitioner, who is not a relative consented to be the donor.
[5/19, 18:33] Sekarreporter: 3. The grievance of the Writ Petitioners is that they made a representation to the
respondents 1 and 2 for grant of approval and the said representation is yet to be considered,
since the first petitioner is suffering from heavy pain and in view of the urgency, the present Writ
Petition is filed.
4. The learned Additional Advocate General, considering the genuinety involved,
voluntarily made a submission that he will get instructions and report before this Court. The
case was passed over and taken up at 4.30 P.M. The learned Additional Advocate General, on
instructions, made a submission that the Committee meeting is scheduled to be held on
20.05.2022 and therefore, Writ Petitioners along with the Attender are to be present before the
second respondent Authorisation Committee at 1.00 P.M on 20.05.2022 in the office of the
Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai – 600
010. The petitioners, along with the Attender, has to produce all the relevant documents before
the Committee for consideration and for the scrutinisation of documents, and the committee will
take a decision with reference to the grant of approval.
5. In view of the submissions made by the learned Additional Advocate General, the
petitioners 1 and 2, along with Attender, are at liberty to appear before the second respondent-
Committee at 1.00 P.M on 20.05.2022 along with relevant documents and in the event of their
appearance, the second respondent Committee is directed to scrutinise the documents and take
an appropriate decision on merits in accordance with law and communicate the said decision to
the petitioners at about 7.00 P.M. on 20.05.2022 itself.
6. The learned Additional Advocate General is requested to communicate this order to
the respondents immediately over phone or through electronic mode of communication.
7. With the above said directions, the Writ Petition is disposed off. No costs.
Consequently, W.M.P. No.10886 of 2022 is closed.
19.05.2022
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
Note : Upload on 19.05.2022
VSI2/GRS
S.M.SUBRAMANIAM, J.
VSI2

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