WP(C).No.2 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.2 OF 2021(A)
PETITIONER/S:
1 ANAS A.P.
AGED 31 YEARS
S/O BAPPUTTY,ATHAKKINTE PURAKKAL HOUSE,
ALUNGAL BEACH,CHETTIPPADY,PARAPPANANGADI,
MALAPPURAM DISTRICT.
2 KUNJUMON,
AGED 52 YEARS
S/O.THOMAS,NEDUMBATTATHALIL KOYIPPALLY
HOUSE,CHIRAKKADAVU,
PONKUNNAM,KOTTAYAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FOR TRANSPLANTATION OF HUMAN
ORGANS,ERNAKULAM,ERNAKULAM,ERNAKULAM MEDICAL
COLLEGE HOSPITAL,
KALAMASSERY,PIN-693104,REPRESENTED BY ITS CHAIRMAN.
2 THE CONVENER,
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,MEDICAL
TRUST HOSPITAL LTD,ERNAKULAM DISTRICT,PIN-681016.
3 THE SUPERINTENDENT OF POLICE,
KANJIRAPPALLY,PONKUNNAM.P.O,
KOTTAYAM DISTRICT,PIN-686560.
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:
WP(C).No.2 OF 2021(A)
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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 his kidneys and he 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 his 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.2 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.2 OF 2021(A)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE KANJIRAPPALY MLA DATED 20.9.2020.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE CHAIRPERSON OF PARAPPANANGADI
MUNICIPALITY DATED 30.6.2020.
EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS WIFE DATED 15.6.2020.
EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SON DATED 15.06.2020.
EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 13.7.2020.
EXHIBIT P6 THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF DONOR DATED 13/7/2020 EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE SON OF DONOR DATED 13.7.2020 EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 05.10.2020 EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 28.9.2020.