K UMAMAHESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition seeks a mandamus to direct respondents 2 and 3 to receive the petitioner's body in the event of his death and use the same for the purpose of anatomical disSections, treatment or medical relief including transplant of vital organs to deserving donees.

(2.) As per S. 4 of Tamilnadu Anatomy Act, dead bodies left unclaimed in a hospital could be taken by the relevant authority for anatomical examination, etc. But, there is no provision in the said enactment or in any other law for such authority to take other dead bodies voluntarily given since they cannot strictly be classified as "unclaimed.' But, the petitioner herein is voluntarily offering, on his death, his dead body and since the respondents are refusing to accept such offer, the petitioner has come forward with this writ petition, seeking the abovesaid mandamus.

(3.) In requesting such a mandamus from this Court, the supporting affidavit of the petitioner refers to two earlier precedents of this Court. One is the decision in W. P. No. 1843 of 1987, which was filed by none other than the present petitioner's father Dr. P. Krishnan. By order D/- 3-3-1987 therein, Mohan, J., as he then was, granted the mandamus directing respondents 2 and 3 herein to take possession of the said Krishnan's body, on his death, and use it for the abovesaid purpose, Another is the decision in W. P. No. 1690 of 1988. By order D/- 19-1-1989 Venkataswami, J., as he then was, following the earlier order D/- 3-3-1987 in W.P.No. 1843 of 1987, granted the mandamus prayed for by one K. R. Srinivasachari, directing the 2nd respondent herein and the Director of Medical Education to accept the voluntary donation of the body of the petitioner therein after his death for the abovesaid purpose. The learned Judge, while granting another prayer in the said writ petition, directed the 1st respondent Government of Tamilnadu "to initiate within six months.........proceedings to introduce necessary amendment in the Act or in the Rules" made thereunder to enable the officer in charge under the abovesaid Act to accept such voluntary donations of bodies of persons after their death.