APOLLO HOSPITALS ENTERPRISES LIMITED Vs. STATE OF TAMIL NADU REP BY PRINCIPAL SECRETARY TO GOVERNMENT (PUBLIC DEPARTMENT)

JUDGEMENT

(1.) The issue that arise for consideration in these writ petitions are inter-twinned and are inter-related, therefore, both the writ petitions are taken up for hearing together and are disposed of by this common order.

(2.) The petitioner has filed the first writ petition, being WP No. 3947 of 2019 to issue a Writ of Certiorarified Mandamus challenging the proceedings, findings and recording of evidence before the second respondent, pursuant to G.O. Ms. No.817 dated 25.09.2017 and G.O. Ms. No.829 dated 27.09.2017, in so far as it relates to the second respondent causing an inquiry into the correctness, adequacy and inadequacy of medical treatment extended to the late Chief Minister of Tamil Nadu in contravention of the provisions of The Commission of Inquiry Act, 1952 and Rules framed thereunder as it is in violation of Article 14 and 21 of The Constitution of India.

(3.) The second writ petition namely WP No. 3953 of 2019 has been filed for a Writ of Mandamus to forbear the second respondent from causing an inquiry into the correctness, adequacy/inadequacy of medical treatment of the late. Chief Minister of Tamil Nadu. However, a consequential prayer has been sought for to the effect that if this Court holds that the terms of Reference include an inquiry into the correctness, adequacy/inadequacy of medical treatment rendered to the late Chief Minister, an independent medical board with specialist, doctors un-associated with the first respondent and any of the parties hereto shall be constituted as prayed for in Application No. 213 of 2018 dated 28.12.2018 filed before the second respondent and to direct such medical Board to be constituted to submit its report to this Court within a time to be specified.