Dismissed¶35

Master P.Joseph Raju v. Union of India

Andhra Pradesh HC22 Jan 2026WP/21558/2016

Case brief

AI extract

What is this about?

Gaucher disease; Enzyme Replacement Therapy; Cerezyme; recombitant imiglucerase; Article 21 right to health / medical treatment; Article 226 mandamus; Union of India Ministry of Health and Family Welfare; State of Andhra Pradesh Chief Secretary; Health Medical and Family Welfare Principal Secretary; Commissionerate of Health and National Health Mission; King George Hospital Visakhapatnam; writ petition dismissed as infructuous after lapse of a decade; no order as to costs; miscellaneous petitions closed; Section 151 CPC applications (IA No. 1 of 2016 / WPMP 26479 of 2016; IA No. 4 of 2016 / WPMP 142833 of 2016); High Court of Andhra Pradesh at Amaravati; single judge Venkateswarlu Nimmagadda; decided 23.01.2026.

What did the court decide?

With a decade having lapsed since the petition, the treatment can no longer take place. ¶34

Master P.Joseph Raju Vs Union of India — Writ and Judicial Review | Andhra Pradesh HC (2026)

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[3329]

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APHC010748752016

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21558/2016

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Between:

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MASTER P.JOSEPH RAJU, S/O P.MADHAVA RAO AGED 3 YEARS REPT. BY HIS FATHER AND NATURAL GUARDIAN MR.P.MADHAVA.RAO S/O SRIRAMULU, OCC: SELF EMPLOYED R/O D.NO.32-30-41 S.V.P. NAGAR, KOBBARI THOTA VISHAKAPATNAM - 530016, ANDHRA PRADESH

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...PETITIONER

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AND

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UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE REPRESENTED BY THE SECRETARY NIRMAN BHAWAN, C-WING, NEW DELHI

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THE STATE OF ANDHRA PRADESH, REPT., BY ITS CHIEF SECRETARY SECRETARIAT, SAIFABAD, HYDERABAD

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THE STATE OF ANDHRA PRADESH, HEALTH, MEDICAL AND FAMILY WELFARE REPRESENTED BY ITS PRINCIPAL SECRETARY SECRETARIAT, SAIFABAD, HYDERABAD

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THE COMMISSIONARATE OF HEALTH AMP, FAMILY WELFARE & NATIONAL HEALTH MISSION REPRESENTED BY ITS COMMISSIONER DM & AMP; HS CAMPUS, SULTAN BAZAAR, HYDERABAD

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KING GEORGE HOSPITAL, MAHARANIPETA, VISHAKAPATNAM ANDHRA PRADESH

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent Nos. 1 to 4 in not providing medical treatement of Enzyme Replacement Therapy called Cerezyme to the Petitioner to heal "Gaucher" disease a unjust and unconstitutional being violative of Article 21 of the Constitution of India and to consequently direct the Respondent Nos. 1 to 4 to provide medical treatment of Enzyme Replacement Therapy with recombitant imiglucerase enzyme called as Cerezyme to the Petitioner to heal his Gaucher disease at Respondent No.5 Hospital

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IA NO: 1 OF 2016(WPMP 26479 OF 2016

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No. 1 to 4 to forthwith provide medical treatment medical treatment of Enzyme Replacement Therapy with recombitant imiglucerase enzyme called as Cerezyme to the Petitioner to heal his Gaucher disease at Respondent No. 5 Hospital pending disposal of the writ petition

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IA NO: 4 OF 2016(WPMP 142833 OF 2016

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased

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Counsel for the Petitioner:

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1.V MEENAKSHI

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH & FW(AP)

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2.T SUJAN KUMAR

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3.GP FOR GENERAL ADMINISTRATION (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21558/2016

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ORDER:

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No representation for the petitioner(s).

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The claim of the petitioner is that seeking for providing medical treatment in respect of Enzyme Replacement Therapy called as Cerezyme to the petitioner to heal “Gaucher” disease.

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Since, a decade lapsed the treatment cannot be happened. As such, the cause in the writ petition does not survive and no further adjudication is necessary in the present Writ Petition. Therefore, the Writ Petition becomes infructuous.

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