IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21081 OF 2022
PETITIONERS:
1 RAMAKRISHNA PILLAI C.
AGED 53 YEARS
S/O. CHELLAPPAN PILLAI G.,
THATTARETHU HOUSE, KAITHA NORTH,
CHETTIKULANGARA, MAVELIKKARA,
ALAPPUZHA DISTRICT, PIN - 690106
2 SOUMYA O.S.
AGED 33 YEARS
D/O. SULAIMAN, OLAVAKKODAN HOUSE,
CHALAKUDY, THRISSUR DISTIRCT, PIN - 680307
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
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,
RAJAGIRI HOSPITAL, CHUNANGAMVELY,
ALUVA, ERNAKULAM DISTRICT, PIN - 683112
3 THE DEPUTY SUPERINTENDENT OF POLICE,
CHALAKUDY, DY.SP OFFICE, CHALAKUDY P.O.,
THRISSUR DISTRICT, PIN - 680307
BY ADVS.
AMMINIKUTTY K., GOVERNMENT PLEADER
THOMAS J.ANAKKALLUNKAL, STANDING COUNSEL FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21081 OF 2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The 1st petitioner is suffering from advance liver failure and requires emergent organ transplantation surgery. The 2nd petitioner, who is not a relative, has volunteered to donate her 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 2nd respondent has not referred the matter to the 1 st respondent for approval, since the 3 rd 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 respondent to call for WP(C) NO. 21081 OF 2022 3 the report, if so warranted. Hence, the 2 nd respondent is bound to accept the application and refer the matter to the 1st 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 1st respondent, without insisting for certificate of altruism from the Police.
4. Learned Standing Counsel for the 2 nd respondent submitted that the applications of the petitioners along with requisite documents is received, and can be forwarded to the 1 st respondent, if directed so by this Court.
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 1 st respondent within ten days of receipt of the WP(C) NO. 21081 OF 2022 4 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 3rd respondent.
Sd/-
V.G.ARUN JUDGE NB/29-6 WP(C) NO. 21081 OF 2022 5 APPENDIX OF WP(C) 21081/2022 PETITIONERS' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 08.06.2022 EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 08.06.2022 EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER DATED 08.06.2022 EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHALAKUDY M.P. DATED 10.06.2022 EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 08.06.2022 EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P9 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 13.06.2022 EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 08.06.2022 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE