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2022 Supreme(Mad) 2668

MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
Director of Medical & Rural Health Services, Chennai – Appellant
Versus
Sudha Hospitals, Rep. by Managing Partner K. Sudhakar, Erode – Respondent


Advocates appeared:
For the Appellants:J. Ravindran, Addl. Advocate General Assisted by B. Vijay, Addl. Government Pleader. For the Respondent:A.L. Somayaji, Senior Counsel for V.P. Sengottuvel, Advocate.

JUDGMENT

(Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the common order dated 21.7.2022 passed in W.P.Nos.18572 and 18573 of 2022.)

Common Judgment:

Munishwar Nath Bhandari, CJ.

1. Two writ appeals have been filed against the common order dated 27.01.2022, whereby the writ petitions preferred by the respondent in these appeals were disposed of with certain directions.

2. Two writ petitions were filed by the respondent in reference to two separate actions initiated by the appellants - one under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [for brevity, "the Act of 1994"] and the other under the provisions of the Tamil Nadu Clinical Establishments (Regulation) Act, 1997 [for short, "the Act of 1997"]. The first order dated 14.07.2022 was passed by the second appellant by invoking Section 20(3) of the Act of 1994, whereby the respondent/writ petitioner was instructed not to undertake any scan procedures, however, liberty was given to file an appeal under the provisions of the Act of 1994. The other order was passed on the same date under Sections 5(2) and 6(1) of the Act of 1997 not to admit ne

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