IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

and

W.M.P. Nos.36909, 36911 and 48930 of 2025

Dhanalakshmi Srinivasan Medical

College and Hospital,

Represented by its Authorized Signatory,

NH-45 Trichy-Chennai Highway,

Siruvachur,

Perambalur 621 113. Petitioner

Vs

1. The State of Tamil Nadu

Represented by its Principal Secretary,

Department of Health and Family Welfare,

Fort St George, Chennai 600 009. 2.Directorate of Medical and Rural

Health Services

Appropriate Authority,

Represented by its Director,

No.359 Anna Salai,

Teynampet, Chennai 600 006.

3.Kidney Transplant Authorization Committee

Government Rajaji Hospital,

Alwarpuram, Madurai 635 020. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorari, calling for the records of the 2^nd respondent in the impugned order dated 18.08.2025 in reference M.M. No.12829/NP7/1/2025, quash the same.

For Petitioner : Mr.Abishek Jenasenan For Respondents : Mr.J. Ravindran Additional Advocate General Asstd. By Ms.M. Sneha for R1 & R2

ORDER

This writ petition has been filed to call for the records of the 2^nd respondent in the impugned order dated 18.08.2025 in reference M.M.

No.12829/NP7/1/2025 and quash the same.

2. The petitioner-hospital is a renowned medical college and hospital that has been functioning in the field of medical education for more than a decade. It has obtained all requisite approvals from both the Central and State Governments to function the said hospital. The petitioner applied for registration under Section 14 of the Transplantation of Human Organs and Tissues Act, 1994, for conducting kidney transplantation procedures, and the said registration was periodically renewed. It is also stated that the said hospital has been regularly conducting dialysis and transplantation procedures strictly in accordance with law and its registration is valid up to 12.10.2026. While things stood thus, a press release broadcast in a news channel levelled baseless allegations that the petitioner-hospital was involved in kidney trafficking. Based solely on the said press release, the 2^nd respondent issued an order dated 23.07.2025 temporarily suspending the petitioner’s registration certificate. Aggrieved thereby, the petitioner preferred an appeal before the Government and also addressed a letter to the 2^nd respondent seeking clarification regarding the pending transplantation procedures that had already been approved. 3. Subsequently, another press release dated 10.08.2025 was issued, again containing allegations against the petitioner-hospital. Aggrieved by the same, the petitioner filed W.P. No.32231 of 2025, challenging the press release issued by the 1^st respondent. During the pendency of the said writ petition, and without concluding the suspension proceedings, the 2^nd respondent passed the impugned order dated 18.08.2025 cancelling the petitioner’s registration, that too, without issuing any show cause notice, thereby depriving the petitioner of an opportunity to submit an explanation. Challenging the order dated

18.08.2025 issued by the 2^nd respondent, this writ petition has been filed. 4. Learned counsel for the petitioner submitted that the impugned cancellation order is wholly unsustainable, having been passed in gross violation of Section 16(1) of the Transplantation of Human Organs and Tissues Act, 1994. Section 16(1) mandates that before cancelling or suspending any registration, the appropriate authority shall issue a notice setting out the grounds and afford the hospital a reasonable opportunity to submit its explanation. He further contended that no such notice was ever issued after the suspension order. The petitioner had already filed an appeal against the order of suspension, and while the said appeal and writ petition were pending, the authority proceeded to cancel the licence purely on the basis of press release telecasted in a news channel. The impugned order does not eve