This writ petition urged the Government of TamilNadu to purchase authorized RAPID antibiotic test kits and test every individual. The court dismissed the petition as infructuous, noting the request was no longer feasible due to the progression of the COVID-19 pandemic.
None. The petition was dismissed as infructuous.
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W.P.(MD)No.7432 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2021
CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.(MD)No.7432 of 2020 and W.M.P.(MD) No.6887 of 2020
Dr.P.Saravanan : Petitioner Vs.
1.The Government of TamilNadu, Rep. by its Chief Secretary, Secretariat, Fort St. George, Chennai – 600 009. 2.The Government of TamilNadu, Rep. by its Principal Secretary, Health Department, Secretariat, Fort St. George, Chennai – 600 009. 3.The District Collector, Madurai District, Madurai. 4.Dr.Chandramohan, I.A.S., Special Officer to Monitor the Covid – 19 Disease, Collectorate, Madurai. 5.Indian Council of Medical Research (ICMR), Rep. by the Director General, V.Ramalingaswami Bhawan, P.O. Box No.4911, Ansari Nagar, New Delhi – 110 029. : Respondents (R5 is suo motu impleaded vide Court Order dated 16.07.2020 in W.P.(MD) No.7432 of 2020 by MSNJ & PRMJ)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent to purchase the RAPID antibiotic test kits authorized by the Central Drugs Standard Control Organization and Indian Council of Medical Research (ICMR), India and the same test kits has to be utilized for make a test to every individual of TamilNadu as per the representation given by the petitioner dated 26.06.2020.
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W.P.(MD)No.7432 of 2020
For Petitioner : Mr.M.Sarangan For Respondents 1 to 3 : Mr.P.Thilakkumar
Standing Counsel for Government For Respondent No.5 : Mr.K.Govindarajan for Ms.Sunitha Kumari Standing Council
ORDER
( Order of the Court was made by N.KIRUBAKARAN, J.)
The petitioner has come before this Court seeking for a direction upon the 1st respondent to purchase the RAPID antibiotic test kits authorized by the Central Drugs Standard Control Organization and Indian Council of Medical Research (ICMR), India and to utilize the same to test every individual in TamilNadu.
2.The Writ Petition has been filed during the fist wave of COVID – 19 pandemic and much water has been flown under the bridge, in a way, the Writ Petition has become infructuous. Therefore, the Writ Petition stands dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
sj
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
2.The Principal Secretary, The Government of TamilNadu, Health Department, Secretariat, Fort St. George, Chennai – 600 009.
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W.P.(MD)No.7432 of 2020
3.The District Collector, Madurai District, Madurai.
+1 CC to M/s.SPL GP( SR-25785[F] ,SR-25785[F]dated 10/08/2021 )
+1 CC to M/s.SUNITAKUMARI, Advocate ( SR-25746[F] dated 10/08/2021 )
W.P.(MD)No.7432 of 2020
09.08.2021
MMS(CO) KB(19.08.2021) 3P 6C
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1 issue framed by the court
Whether the High Court should direct the Government of TamilNadu to purchase RAPID antibiotic test kits for every individual in the state.
Dr. P. Saravanan
Government of TamilNadu, Rep. by its Chief Secretary
Government of TamilNadu, Rep. by its Principal Secretary, Health Department
District Collector, Madurai District
Dr. Chandramohan
Indian Council of Medical Research (ICMR), Rep. by the Director General
N. Kirubakaran
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
