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Kerala High Court
Abdul Haseeb C vs The District Level Authorization ... on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 17384 OF 2024
PETITIONERS:
1 ABDUL HASEEB C.
AGED 42 YEARS
S/O. CHANDRAMTHODI MOHAMMED, VADAKKINIKKAD HOUSE,
KOLAKATTUCHALI P.O., KONDOTTY, MALAPPURAM DISTRICT,
PIN - 673634
2 THULASI SURESH
AGED 39 YEARS
W/O. SURESH, NAINAMKATTIL HOUSE, PARUVASSERI P.O.,
VADAKKANCHERRY, PALAKKAD DISTRICT, PIN - 678686
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, ALATHUR,
DYSP OFFICE, ALATHUR P.O., PALAKKAD DISTRICT,
PIN - 678541
GP - SRI P S APPU
SRI THOMAS J ANAKKALLUNGAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17384 of 2024
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JUDGMENT
Dated this the 10th day of May, 2024 The wit petition is filed for the following reliefs:
"a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P7 and P8 applications, within a time stipulated by this Hon'ble Court.
b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to accept and forward Exts.P7 and P8 applications with documents to the 1 st respondent for consideration, without insisting the certificate of the 3 rd respondent.
c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing 3 rd respondent to forward the report regarding altruism of petitioners in the event of any request from the 1 st respondent.
d) Pass an order dispensing with the production of English translation of vernacular document at the time of filing of the Writ Petition."
2. The issues involved in this case have already been answered by this Court in Soubiya v. District Level Authorisation Committee for Transplantation of Human W.P.(C).No. 17384 of 2024 3 Organs, Ernakulam [2023 (6) KHC 293] . Therefore, this writ petition is disposed of in terms of the following directions:
(a) The petitioners are hereby granted liberty to hand over all relevant documents to the 2nd respondent - Convener of Local Committee of Organ Transplantation, without a 'Certificate of Altruism' and this shall be done within a period of two weeks from today
(b) The 2nd respondent - Convener of Local Committee of Organ Transplantation of the Hospital concerned, will forward the application of the petitioners, along with all necessary documents, except 'Certificate of Altruism', to the 1 st respondent - District Level Authorization Committee for Transplantation of Human Organs (DLAC); and this shall be done within a period of one week from the date of receipt of a copy of this judgment.
(c) On the aforesaid application reaching the 1 st respondent
- DLAC, its competent Authority will notify the petitioners and inform them whether they have to obtain a 'Certificate of Altruism' from the concerned Police Authority.
(d) If the DLAC is to find that no such Certificate is required in this case, they will complete the processes, leading to necessary permissions to be granted to the petitioners, within a period of one month thereafter.W.P.(C).No. 17384 of 2024
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(e) However, if, on the contrary, the DLAC is to find that 'Certificate of Altruism' is required to be obtained by the petitioners, they will intimate them of such within a period of two weeks from the date on which they receive application from the 2nd respondent; upon which, the petitioners will be required to obtain the same and produce it before the said Authority, as per law.
(f) On the aforesaid being done, the DLAC will take a final decision on the petitioners' request, within a period of one month from the date on which such Certificate is produced.
(g) Needless to say, if the 1st respondent calls upon the petitioners to obtain a 'Certificate of Altruism', the 3 rd respondent - Deputy Superintendent of Police, or such other competent Authority, will act upon the application for such to be made before them; and will issue necessary certificate without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SK W.P.(C).No. 17384 of 2024 5 APPENDIX OF WP(C) 17384/2024 PETITIONER EXHIBITS :
Exhibit P1 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 18.04.2024 Exhibit P2 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER DAUGHTER DATED 18.04.2024 Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS ALONG WITH THE HUSBAND OF THE DONOR DATED 03.02.2024 Exhibit P4 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED 03.02.2024 Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 03.02.2024 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE DAUGHTER OF THE DONOR DATED 03.02.2024 Exhibit P7 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 25.04.2024 Exhibit P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 25.04.2024