IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 20959 OF 2022
PETITIONER/S:
1 BEERAN K.T.
AGED 54 YEARS
S/O. MUHAMMED KUTTY K.T.,
THEKKEY PULLUSSERY HOUSE, PUTHUR PALLIKKAL P.O.,
KONDOTTY, MALAPPURAM DISTRICT, PIN - 673636
2 SIMI
AGED 34 YEARS
W/O. ARSHAD, KANALPURAMBOKE HOUSE, KOTTUMOOLA, VARKALA
P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695141
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGAN, ERNAKULAM
ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
REPRESENTED BY ITS CHAIRMAN, PIN - 683104
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION
LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED, MARADU,
NETTOOR P.O., ERNAKULAM,, PIN - 682040
3 THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA
VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695141
OTHER PRESENT:
GP AMMINIKUTTY K. SC FOR R2 BENNY P. THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20959 OF 2022
2
JUDGMENT
Dated this the 1st day of July, 2022 The first petitioner is suffering from liver disease and requires emergent organ transplantation surgery. The 2 nd petitioner, who is not a relative, has volunteered to donate his organ. The petitioners have submitted applications before the 2nd respondent, appending all the documents stipulated under the Transplantation of Human Organs and Tissues Act, 1994 and corresponding Rules. The 2 nd respondent has not referred the matter to the 1st respondent for approval, since the 3rd respondent has not issued the certificate of altruism. Hence, this writ petition.
2. Learned Counsel for the petitioners relied on the decision in Shoukathali Pullikuzhiyil and another v. The District Level Authorization Committee and Others [2017 (3) KHC 259] to contend that, verification through Police and certificate of altruism is not mandatory in all cases and it is for the Authorisation Committee/first WP(C) NO. 20959 OF 2022 3 respondent to call for the report, if so warranted. Hence, the 2nd respondent is bound to accept the application and refer the matter to the first respondent immediately.
3. Learned Counsel for the petitioners pointed out that in similar cases, this Court had directed the 2 nd respondent to accept the application and forward the same to the first respondent, without insisting for the certificate of altruism.
Considering the limited relief sought and being in agreement with the decision in Shoukathali (supra), the Writ Petition is disposed of as under:
The petitioners are permitted to submit a fresh application along with necessary documents. The 2 nd respondent shall, after verifying the documents and contents of the application, forward the same to the 1st respondent within ten days of receipt of the application. The 1st respondent shall thereupon process the application and take appropriate decision within two weeks. If WP(C) NO. 20959 OF 2022 4 necessary, the certificate of altruism shall be called for from the third respondent.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 20959 OF 2022 5 APPENDIX OF WP(C) 20959/2022 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY CONSULTANT PEDIATRICIAN, KERALA GOVERNMENT HEALTH SERVICE DATED 21.05.2022 Exhibit-P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 1ST PETITIONER DATED 20.5.2022 Exhibit-P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 24.06.2022 Exhibit-P4 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 06.06.2022 Exhibit-P5 THE TRUE COPY OF THE DECLARATION AND CONSENT OF THE 1ST PETITIONER DATED 06.06.2022 Exhibit-P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 06.06.2022 Exhibit-P7 THE TRUE COPY OF THE AFFIDAVIT CUM DECLARATION OF THE DONOR DATED 06.06.2022 Exhibit-P8 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 06.06.2022 Exhibit-P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 06.06.2022