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2021 Supreme(Mad) 197

ABDUL QUDDHOSE
S. Ramamoorthi – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Department of Health and Family Welfare, Secretariat, Chennai – Respondent


Advocates Appeared:
For the Petitioner:T.P. Maurya, Advocate
For the Respondents:K. Parameswaran, Government Advocate, Devie Soccalingame, Government Advocate

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant approval and permission for urgent kidney transplant surgery.)

1. Heard Mr.T.P.Maurya, learned counsel for the petitioner. Mr.K.Parameshwaran, learned Government Advocate accepts notice for the first respondent and Mr.Devie Soccalingammee, learned Government Advocate accepts notice for the second respondent.

2. By consent of both the parties, this Writ Petition is taken up for final disposal.

3. This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to grant approval and permission for urgent kidney transplantation surgery.

4. The petitioner seeks to undergo Kidney transplantation from the fourth respondent, which is a notified hospital. The donor for the said Kidney transplant is Mrs.M.Geetha, who is one of the distant relative of the petitioner but not a near relative as defined under Section 2 (i) of the Transplantation of Human Organs and Tissues Act, 1994. The supporting affidavit of the unrelated donor Mrs.M.Geetha has also been filed by the petitioner in this Writ Petition.

5. Under law, permissi

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