A Division Bench of the Madras High Court, comprising of Chief Justice Sanjib Banerjee and Justice P.D. Audikeasavalu has served the notice to the State through Advocate General to clarify their stand on re-opening of speciality transgender clinic at the Rajiv Gandhi Government General Hospital in the city, which has been temporarily closed. (Sivakumar v. State of Tamil Nadu.)
The Court held that,
“The State should indicate its stand by way of an affidavit or a status report through the Dean of the hospital, which should be filed within four weeks from date.”
Factual Background
The Petitioner belonged to the transgender community. The Petitioner was concerned about the medical treatment of the transgenders as Transgender Clinics are closed for the past 1 year. As the clinics are closed for the past 1 year, the Transgenders are facing problems in getting medical treatment.
Therefore, the petitioner filed PIL under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the Respondents to reopen the Transgender Clinics.
Court Reasoning & Judgment
The Court considered the facts and directed the State to indicate its stand by way of an affidavit or a status report through the Dean of the hospital, which should be filed within four weeks from the date. The Advocate General, who represented the State accepted the notice and takes notice on behalf of the respondents.
The Court listed the matter on 08.09.2021 for the next hearing.
Case Details
Case:- W.P.No.16248 of 2021
Petitioner:- Sivakumar
Respondent:- State of Tamil Nadu & Ors.
Judge: Chief Justice Sanjib Banerjee and Justice P.D. Audikeasavalu
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