The petitioner sought to quash a communication under the Transplantation of Human Organs Act via a writ of certiorari. However, the bench dismissed the petition as infructuous because the petitioner had died during the petition's pendency.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.07.2019 CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.36389 of 2007 & M.P.Nos.2 and 3 of 2007
P.S.Vengu ... Petitioner
Vs
1.State of Tamil Nadu, Rep. by the Secretary to Government, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Chairman, Authorization Committe and Director of Medical Education, Kilpauk, Chennai - 600 010. 3.Chettinad Medical Hospital & Research Institute, Rep. by Medical Director, Kelambakkam, Chennai - 603 103. ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records of the communication dated 07.02.2007 issued by the second respondent under Ref.No.8810/MEII(2)/07 and quash the same insofar as it relates to Clauses 3 and 5 of the said order and Item No.16 of the check list annexed to the said communication as unconstitutional and ultra vires the provisions of the Transplantation of Human Organs Act, 1994 and the Rules framed thereunder.
For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.J.Sathish Additional Government Pleader for R1 & R2 R - 3 (No appearance)
ORDER
Heard Mr.Srinath Sridevan, learned counsel for the petitioner; Mr.J.Sathish, learned Additional Government Pleader for the respondents 1 and 2 and perused the materials placed on record.
Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar r n s To 1.The Secretary to Government, Government of Tamil Nadu, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Chairman, Authorization Committe and Director of Medical Education, Kilpauk, Chennai - 600 010. +1cc to Government Pleader sr.61206
W.P.No.36389 of 2007 & M.P.Nos.2 and 3 of 2007
br(co) nr 17/09/2019
1 issue framed by the court
Whether the Writ Petition is maintainable given that the petitioner passed away during its pendency.
2 provisions across 2 enactments
P.S. Vengu
State of Tamil Nadu
Chairman, Authorization Committee and Director of Medical Education
Chettinad Medical Hospital & Research Institute
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
