WA No.1456 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

WA No.1456 of 2023

Indian Medical Association,

Tamil Nadu State Branch,

Rep. by Dr.N.R.Thiagarajan,

Secretary.

.. Appellant

-vs-

State of Tamil Nadu,

Rep. by its Secretary to the Government,

Department of Health and Family Welfare,

Fort St. George, Chennai-9.

.. Respondent

Prayer: Writ appeal filed under Clause 15 of the Letters Patent against

the order of the learned Single Judge dated 14.12.2021 passed in

W.P.No.23783 of 2010.

For the Appellant

:

Mr.Ravi Kumar Paul

Senior Counsel

for Mr.Vijay Meganath

For the Respondent

:

Mr.T.K.Saravanan

Government Advocate

* * * * *

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WA No.1456 of 2023

JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.Ravi Kumar Paul, learned Senior Counsel for

the appellant and Mr.T.K.Saravanan, learned Government Advocate for

the respondent.

2. Amongst other submissions, one of the submissions made by

the learned Senior Advocate for the appellant is that the appellant/

petitioner had challenged G.O.(Ms.)No.248, Health and Family Welfare

(IM 2-2) Department dated 08.09.2010 issued by the respondent

Government. While disposing of the writ petition filed by the

appellant/petitioner, the said aspect has not been considered by the

learned Single Judge. No finding is given qua the challenge to the

G.O.(Ms.) No.248, dated 08.09.2010. With another writ petition, the

writ petition filed by the appellant was also decided, however, without

considering the challenge to the G.O. in the writ petition filed by the

appellant.

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WA No.1456 of 2023

3. Upon perusal of the impugned order, it transpires that no

finding has been given on challenge to the G.O.No.248, dated

08.09.2010. The substantive challenge was raised by the

appellant/petitioner.

4. In light of the above, the impugned order to the extent of

W.P.No.23783 of 2010 is quashed and set aside and the parties are

relegated before the learned Single Judge for deciding W.P.No.23783 of

2010 afresh.

The writ appeal is, accordingly, disposed of. There will be no

order as to costs.

(S.V.G., CJ.) (D.B.C., J.)

07.11.2023

Index

: Yes/No

Neutral Citation

: Yes/No

sra

To

The Secretary to the Government of Tamil Nadu,

Department of Health and Family Welfare,

Fort St. George, Chennai-9.

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WA No.1456 of 2023

THE HON'BLE CHIEF JUSTICE

AND

D.BHARATHA CHAKRAVARTHY, J.

(sra)

WA No.1456 of 2023

07.11.2023

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