Kerala High Court
Indira C.H vs The District Level Authorising ... on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 14784 OF 2024
PETITIONERS:
1 INDIRA C.H
AGED 55 YEARS
W/O CHANDRASEKHAR, THUMINADU, KUNJATHUR P.O, MANJESWAR,
KASARGOD, PIN - 671323
2 SUMESH P.K
AGED 33 YEARS
S/O KUNJACHAN, POTTAMURI HOUSE, COMPANYPADY, SOUTH CHELLANAM
P.O, ERNAKULAM, PIN - 682008
BY ADVS.
M.A.SULFIA
ABDUL JALEEL.A
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORISING COMMITTEE
CONSTITUTED UNDER THE TRANSPLANTATION OF HUMAN ORGANS AND
TISSUES ACT REPRESENTED BY THE PRINCIPAL, GOVERNMENT MEDICAL
COLLEGE, KALAMASSERY ERNAKULAM, PIN - 683503
2 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION,
LAKE SHORE HOSPITALS, MARADU, NETTOOR P.O, KOCHI, REPRESENTED
BY ITS CONVENER., PIN - 682040
3 THE DEPUTY SUPERINTENDENT OF POLICE
45QH+4W4, CHERAI, VYPIN, KOCHI, KERALA ., PIN - 683514
4 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION, ALUVA ., PIN - 68310
BY ADVS.
ABEL TOM BENNY
D.PREM KAMATH(K/1285/1998)
TOM THOMAS (KAKKUZHIYIL)(K/000821/2008)
AMRUTHA SELVAM(K/001249/2023)
GENTLE C.D.(K/62/2022)
SRI.PREMCHAND R. NAIR - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14784 OF 2024
2
JUDGMENT
This writ petition has been filed seeking direction to respondents 3 and 4 to consider Ext.P2 and issue letter of Altruism at the earliest.
2. The petitioner is a chronic Kidney disease patient currently at Stage V. The 2 nd petitioner, who is working as a caretaker-cum-driver of the 1st petitioner, is willing and ready to donate one of the Kidney to the 1 st petitioner. The grievance of the petitioner is that though letter of Altruism was asked to be issued by the 3rd respondent, it has not been issued to the petitioner so far.
3. Today, the learned counsel for the 2nd respondent submits that the 1st petitioner may be directed to produce all documents along with a proper application to him and he will forward the same to the 1st respondent, who is the competent Authority to take a decision on it.
In the afore circumstances, there will be a direction to the 1st petitioner to produce all documents along with a proper application before the 2nd respondent, within one week from the date of receipt of a copy of this judgment. The 2 nd respondent WP(C) NO. 14784 OF 2024 3 shall forward the same to the 1 st respondent and he shall pass appropriate orders, within a period of one week thereafter.
SD/-
SHOBA ANNAMMA EAPEN JUDGE rp WP(C) NO. 14784 OF 2024 4 APPENDIX OF WP(C) 14784/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 29/02/2024 ISSUED BY DIRECTOR, NEPHROLOGY AND CHIEF OF RENAL TRANSPLANT SERVICE OF LAKE SHORE HOSPITAL Exhibit P2 THE TRUE COPY OF THE REQUEST LETTER DATED 28/12/2023 FORWARDED BY HOSPITAL AUTHORITY Exhibit P3 THE TRUE COPY OF THE APPLICATION UNDER FORMS 3 DATED 3/1/2024 Exhibit P4 THE TRUE COPY OF AFFIDAVIT JOINTLY SWORN BY 1ST PETITIONER DONEE AND 2ND PETITIONER DONOR DECLARING THE HEALTH CONDITION OF DONEE AND HIS URGENT REQUIREMENT OF TRANSPLANTATION AND ALSO ABOUT THE AWARENESS OF THE LAWS RELATING TO ORGAN DONATION AND PUNISHMENT FOR VIOLATION OF SUCH LAWS DATED 3/1/2024 Exhibit P5 THE TRUE COPY OF CONSENT LETTER DATED 3/1/2024 BY 2ND PETITIONER/DONOR Exhibit P6 THE TRUE COPY OF CONSENT LETTER BY WIFE OF DONOR DATED 03/1/2024 Exhibit P7 THE TRUE COPY OF THE JOINT AFFIDAVIT BY WIFE AND DONOR DATED 03/1/202 Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 26/09/2023 IN WP© 30365/2023 AND OTHER CONNECTED WP(C) 30984/2023