IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 19682 OF 2022
PETITIONER/S:
1 PRAMOD N.P
AGED 46 YEARS
S/O. VIJAYAN M.P., 'SAROVARAM',
MADIVAYAL, PILICODE P.O.,
KASARAGODE DISTRICT, PIN - 671310
2 MANU.S
AGED 36 YEARS
S/O. SATHYASEELAN,
KIZHAKKUMKARA VEEDU, CHITTAR,
VITHURA, ANAPPARA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695551
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS
, ERNAKULAM,
ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
REPRESENTED BY ITS CHAIRMAN, PIN - 683104
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN -
682016
3 THE DEPUTY SUPERINTENDENT OF POLICE
NEDUMANGAD,
DYSP OFFICE, NEDUMANGAD P.O.,
THIRUVANANTHAPURAM, PIN - 695541
BY ADV R.S.KALKURA
OTHER PRESENT:
GP RIYAL DEVASSY; SC FOR R2 B.G.BIDHAN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19682 OF 2022
2
JUDGMENT
Dated this the 23rd day of June, 2022 The first petitioner is suffering from kidney disease and requires emergent organ transplantation surgery. The 2nd 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 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. 19682 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 Government Pleader submitted, on instructions that, in the instant case, the Police report is in the petitioner's favour and copy of the report can be issued, if the recipient and donor furnish their photographs.
4. 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 certificate of altruism from the police.
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 WP(C) NO. 19682 OF 2022 4 application along with necessary documents. The 2nd 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 necessary by securing certificate of altruism from the third respondent.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 19682 OF 2022 5 APPENDIX OF WP(C) 19682/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HIS PATERNAL UNCLE DATED 09.05.2022 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HIS MATERNAL UNCLE DATED 09.05.2022 Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF VITHURA GRAMA PANCHAYATH DATED 23.05.2022 Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THRIKKARIPPUR MLA DATED 03.06.2022 Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 30.05.2022 Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 30.05.2022 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE RELATIVES OF THE DONOR DATED 30.05.2022 Exhibit P8 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 30.05.2022 Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 30.05.2022