WP(C).No.10 OF 2021(A)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.10 OF 2021(A)
PETITIONER/S:
1 SHALLET SAIZA
AGED 55 YEARS
W/O. JOSEPH SAIZA, SAIZA VILLA, MOOLAMKUZHI,
MUNDAMVELI P.O, ERNAKULAM DISTRICT
2 SOBHA K,
AGED 43 YEARS
W/O. AJI, R.A NIVAS, PERUMBAZHUTHOOR P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FORT 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 682 016
3 THE DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM DISTRICT, PIN 695 121
OTHER PRESENT:
SMT.VINITHA.B,, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 6th day of January 2021 The 1st petitioner is a kidney patient undergoing treatment in the Medical Trust Hospital, Ernakulam, for both her kidneys and she is advised to have transplantation of kidney. It is stated that since the kidneys of the close relatives of the 1 st petitioner are not suitable for transplantation, the 2nd petitioner has come forward to donate her kidney.
2. Petitioners submitted that though they submitted Exts.P8 and P9 applications along with all documents before the 2nd respondent, the same is not forwarded.
3. The learned Counsel for the 2nd respondent submitted that petitioners are yet to submit application and as and when application along with all the documents are produced they will forward the same to the 1st respondent.
4. The transplantation of kidney from unrelated donors are governed by Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994 ('the Act, 1994') and Rule 7(3) of the Transplantation of Human Organs and Tissues Rules, 2014 ('the Rules 2014'). The 1st respondent is the authority constituted for examining the applications for transplantation of kidney in such circumstances when the donor is not related to WP(C).No.10 OF 2021(A) 3 the donee, in accordance with the provisions contained in the Act and Rules.
Therefore, the writ petition is disposed of, with a direction to the 2nd respondent to forward the applications Exts.P8 and P9, as soon as it is received, to the 1 st respondent along with all the documents within a period of three days from the date of its receipt. There shall be a further direction to the 1st respondent to examine the said applications along with relevant documents after obtaining a report from the 3rd respondent and to take a decision on it in accordance with the provisions contained in Section 9(3) of the Act, 1994 and Rule 7(3) of the Rules, 2014, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.10 OF 2021(A)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
K J MAXY, MLA DATED 18-09-2020
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE CHAIRPERSON OF NEYYATTINKARA
MUNICIPALITY DATED 11-09-2020
EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 9-9-2020 EXHIBIT P4 THE TRUE COPY OF THE IDEINTIFICATION CERTIFICATE OF THE DONOR AND HER DAUGHTER DATED 9-09-2020 EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 9-11-2020 EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 9-11-2020 EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE DAUGHTER OF THE DONOR DATED 9-11-2020 EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020 EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020