Madras High Court
S.Rekha vs State Of Tamil Nadu on 8 June, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.16983, 16987, 16991 & 16994 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.16983, 16987, 16991 & 16994 of 2023
1. S.Rekha
2. J.Sampath ...Petitioners in W.P.No.16983 of 2023
1. Vasantha Kumari
2. G.Kumar ...Petitioners in W.P.No.16987 of 2023
1. P.Sindhu
2. K.G.Prasanna ...Petitioners in W.P.No.16991 of
2023
1. Vijaya
2. Gunasekar ...Petitioners in W.P.No.16994 of 2023
Vs.
1. State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
2. The Director,
The Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai-600 006.
3. The Joint Director of Health Service/District Medical Board,
O/o. Joint Director of Health Service,
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W.P.Nos.16983, 16987, 16991 & 16994 of 2023
Tiruvallur District.
...Respondents in W.P.Nos.16983 & 16994 of 2023
Vs.
1. State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
2. The Director,
The Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai-600 006.
3. The Joint Director of Health Service/District Medical Board,
No.359, DMS Complex, 361, Anna Salai,
Chennai-600 006.
...Respondents in W.P.Nos.16987 & 16991 of 2023
Prayer in W.P.No.16983 of 2023: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the 2nd & 3rd
respondents to issue eligibility certificate for the petitioner being the
intending couples to undergo the surrogacy procedure with the 2nd & 3rd
respondent constituted under Assisted Reproductive Technology
(Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 on the basis
of the petitioner's Application dated 02.05.2023.
Prayer in W.P.No.16987 of 2023: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the 2nd & 3rd
respondents to issue eligibility certificate for the petitioner being the
intending couples to undergo the surrogacy procedure with the 2nd & 3rd
respondent constituted under Assisted Reproductive Technology
(Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 on the basis
of the petitioner's Application dated 12.04.2023.
Prayer in W.P.No.16991 of 2023: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the 2nd & 3rd
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W.P.Nos.16983, 16987, 16991 & 16994 of 2023
respondents to issue eligibility certificate for the petitioner being the
intending couples to undergo the surrogacy procedure with the 2nd & 3rd
respondent constituted under Assisted Reproductive Technology
(Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 on the basis
of the petitioner's Application dated 24.04.2023.
Prayer in W.P.No.16994 of 2023: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the 2nd & 3rd
respondents to issue eligibility certificate for the petitioner being the
intending couples to undergo the surrogacy procedure with the 2nd & 3rd
respondent constituted under Assisted Reproductive Technology
(Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021 on the basis
of the petitioner's Application dated 18.04.2023.
In all W.P's.:
For Petitioners : Ms.Reshmi Christy
For Respondents : Mr.P.Sathish, AGP
COMMON ORDER
Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.
2. The petitioners have come up with these Writ petitions seeking direction to the 2nd & 3rd respondents to issue eligibility certificate for the respective petitioners being the intending couples to undergo the surrogacy procedure with the 2nd & 3rd respondent constituted under Assisted Reproductive Technology (Regulation) Act, 2021 & Surrogacy (Regulation) 3/9 https://www.mhc.tn.gov.in/judis W.P.Nos.16983, 16987, 16991 & 16994 of 2023 Act, 2021, in consideration of their respective applications.
3. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, these petitions are taken up for final disposal at the admission stage itself.
4. The petitioners in the respective Writ petitions are husband and wife. The case of the petitioners is that, since the petitioners are not able to give birth to a child naturally, despite the several treatments undergone by them, they decided to adopt the method of Surrogacy. Since the petitioners need to obtain an Eligibility certificate from the respondents as per the Surrogacy(Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, in order to undergo the Surrogacy method, the petitioners approached the 2nd & 3rd respondents and made their respective applications, seeking issuance of Eligibility Certificate in their favour. However, till date, no orders have been passed on the said applications. Hence, these Writ petitions.
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5. Though very many grounds have been raised, learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the 2nd & 3rd respondents to consider the petitioners' respective applications and to consequently issue eligibility certificate in favour of the respective petitioners to undergo the surrogacy procedure.
6. Learned Additional Government Pleader appearing for the respondents submitted that appropriate orders will be passed on the petitioners' respective applications within the time stipulated by this Court.
7. Considering the limited request made by the learned counsel for the petitioners, this Court without expressing any opinion on the merits of the case, directs the 2nd & 3rd respondents to consider the petitioners' respective applications on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners and aggrieved persons, if any.
8. With the above directions, these Writ petitions stand disposed of. 5/9 https://www.mhc.tn.gov.in/judis W.P.Nos.16983, 16987, 16991 & 16994 of 2023 No costs.
08.06.2023
(1/2)
skt
NCC : Yes/ No
Speaking Order : Yes/ No
Index : Yes/ No
To
1. State of Tamil Nadu,
Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.
2. The Director, The Directorate of Medical and Rural Health Service, No.359, DMS Complex, 361, Anna Salai, Chennai-600 006.
3. The Joint Director of Health Service/District Medical Board, O/o. Joint Director of Health Service, Tiruvallur District.
4. The Joint Director of Health Service/District Medical Board, No.359, DMS Complex, 361, Anna Salai, Chennai-600 006.
6/9 https://www.mhc.tn.gov.in/judis W.P.Nos.16983, 16987, 16991 & 16994 of 2023 M.DHANDAPANI., J.
skt W.P.Nos.16983, 16987, 16991 & 16994 of 2023 (1/2) 7/9 https://www.mhc.tn.gov.in/judis W.P.Nos.16983, 16987, 16991 & 16994 of 2023 08.06.2023 WMP.Nos.16184, 16188,16194 & 16196 of 2023 in W.P.Nos.16983, 16987, 16991 & 16994 of 2023 M.DHANDAPANI., J.
Though the present Miscellaneous petitions have been filed by the petitioners seeking to permit them to jointly file a single Writ petition, however, it is pertinent to note that, the Registry has already made an endorsement in the main petitions itself to that effect that, 8/9 https://www.mhc.tn.gov.in/judis W.P.Nos.16983, 16987, 16991 & 16994 of 2023 "Court fees fully paid".
2. In view of the above endorsement made by the Registry, no further order is necessary in these Miscellaneous petitions.
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