IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.29143 OF 2020(P)
PETITIONERS:
1 AJAYAKUMAR KOZHITHODY
AGED 60 YEARS
S/O.PANCHARATH SANKAR,SANTHOS
BHAVAN,SREEKRISHNAPURAM,
PALAKKAD DISTRICT.
2 SHEFEEK.S,
AGED 48 YEARS
S/O.SUBAIDA BEEVI,MUGSINA MANZIL,
NADUKUNNU,PATHANAPURAM.P.O,
KOLLAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FOR TRANSPLANTATION OF HUMAN
ORGANS,ERNAKULAM,ERNAKULAM MEDICAL COLLEGE
HOSPITAL,KALAMASSERY,PIN-683104,
REPRESENTED BY ITS CHAIRMAN.
2 THE CONVENER,
LOCAL COMMITTEE OF ORGAN
TRANSPLANTATION,MEDICAL TRUST HOSPITAL
LTD,ERNAKULAM DISTRICT,
PIN-682016.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
PUNALUR,CHEMMANTHOOR,PUNALUR,
KOLLAM DISTRICT,PIN-691305.
GOVT. PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.29143/2020
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 5th day of January, 2021 This writ petition is filed seeking the following prayer :-
"Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext.P9 application, within a time stipulated by this Hon'ble Court."
2. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for respondents 1 and 3.
3. It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 2nd respondent for effecting an unrelated kidney transplant, it has not been forwarded by the 2 nd respondent on the ground that it is not accompanied by a Certificate from the 3 rd respondent. It is submitted by the learned counsel for the petitioners that the verification by the 3 rd respondent is not a WP(C) No.29143/2020 :3 : condition precedent for the forwarding of the application and the 1st respondent, who is the Authority under the enactment can call for reports of the 3rd respondent, if required.
4. Having considered the contentions advanced and having heard the learned counsel appearing on either side, I am of the opinion that the application preferred by the petitioner is liable to be considered by the 1 st respondent in accordance with law.
5. Accordingly, there will be a direction to the 2 nd respondent to forward Ext.P9 application to the 1 st respondent for consideration, at the earliest. The 1 st respondent shall conduct all due verifications including by reference to the 3 rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
N. NAGARESH, JUDGE aks/06.01.2021 WP(C) No.29143/2020 :4 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 17.12.2020 EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESINDENT OF SREEKRISHNAPURAM GRAMA PANCHAYATH DATED 10.11.2020. EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 21.12.2020.
EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS
DAUGHTER DATED 21.12.2020.
EXHIBIT P5 THE TREU COPY OF THE JOINT AFFIDAVIT OF
THE PETITIONERS DATED 18.12.2020. EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 18.12.2020 EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 18.12.2020 EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE WIFE AND DAUGHTER OF THE DONOR DATED 23.12.2020 EXHIBIT P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 23.12.2020.