Joji C Antony vs The State Of Kerala

Kerala High Court

Joji C Antony vs The State Of Kerala 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. 16990 OF 2024


PETITIONERS:



    1      JOJI C. ANTONY
           AGED 55 YEARS
           S/O. ANTONY,
           RESIDING AT CHOWARAN HOUSE,
           MATTOOR VILLAGE,
           KALADI P.O.,
           ALUVA, ERNAKULAM,
           PIN - 683 574.
    2      PRAVEEN
           AGED 36 YEARS
           S/O. RAMEN C. S,
           RESIDING AT CHEMBAN HOUSE,
           EDATHIRUTHY VILLAGE,
           KUNDALIYUR P.O.,
           CHAVAKKAD, THRISSUR,
           PIN - 680 567.

           BY ADVS.
           SAYUJYA RADHAKRISHNAN
           K.R.RAJEEV KRISHNAN


RESPONDENTS:


    1      THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           HEALTH AND FAMILY WELFARE DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM,
           PIN - 695 001.
    2      THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
           FOR RENAL TRANSPLANTATION
           REPRESENTED BY ITS CHAIRMAN,
           THE PRINCIPAL,
           GOVERNMENT MEDICAL COLLEGE,
           KALAMASSERRY P.O.,
           ERNAKULAM,
           PIN - 683 104.
 WP(C).No.16990 OF 2024

                                        2

         3          THE LOCAL LEVEL COMMITTEE FOR RENAL
                    TRANSPLANTATION
                    REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
                    MEDICAL TRUST HOSPITAL,
                    MG ROAD,
                    PALLIMUKU, ERNAKULAM,
                    PIN - 682 016.
         4          DEPUTY SUPERINTENDENT OF POLICE
                    KODUNGALLOOR POLICE SUB-DIVISION,
                    AYYANTHOLE,
                    THRISSUR,
                    PIN - 680 003.


                    SRI. SREEJITH V. S - GP.



             THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
     ADMISSION       ON   10.05.2024,       THE   COURT   ON   THE    SAME   DAY
     DELIVERED THE FOLLOWING:
 WP(C).No.16990 OF 2024

                                 3




                              JUDGMENT

This writ petition is filed for the following reliefs:-

"I. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 4 to comply with the judgment in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC

293) forthwith, II. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.2 to pass appropriate final order in the case of the petitioners within a time frame as may be fixed by this Hon'ble Court;

III. Issue a writ In the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.3 to forward all the documents necessary in the case of the petitioners to the 2nd respondent forthwith; IV. Issue a writ In the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.4 to issue a certificate of Altruism forthwith; V. Issue any such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice including awarding of cost of these proceedings." WP(C).No.16990 OF 2024 4

2. It is submitted by the learned Government Pleader, on instructions, that the petitioners have not so far submitted any application for Altruism.

3. The learned counsel for the petitioners submits that an application has already been submitted and in case that is not found in the files of the authority, the petitioners shall provide a further copy.

4. The issues involved in this case have already been answered by this Court in Soubiya v. District Level Authorisation Transplantation of Committee Human Organs, for 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 Chairman of Local Level Committee for Renal Transplantation, the 3rd respondent without a 'Certificate of Altruism' and WP(C).No.16990 OF 2024 5 this shall be done within a period of two weeks from today.

(b) The 3rd respondent - Chairman of Local Level Committee for Renal Transplantation of the Hospital concerned, will forward the application of the petitioners, along with all necessary documents, except 'Certificate of Altruism', to the 2nd respondent

- District Level Authorization Committee for Renal Transplantation (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 2 nd 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 WP(C).No.16990 OF 2024 6 granted to the petitioners, within a period of one month thereafter.

(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 3rd 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 2 nd respondent calls upon the petitioners to obtain a 'Certificate of Altruism', the 4th respondent - Deputy Superintendent of Police, or such other competent Authority, will act upon the application for such to be made before WP(C).No.16990 OF 2024 7 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 SPR WP(C).No.16990 OF 2024 8 APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE OF THE 1ST PETITIONER DT.02.05.2024.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE FORM 11 APPLICATION DATED NIL.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE FORM 3 APPLICATION DT.26.04.2024.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE NOTARISED AFFIDAVIT DT.26.04.2024 OF THE 2ND PETITIONER.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE NOTARISED AFFIDAVIT DT.26.04.2024 OF THE 2ND PETITIONER GIVING HIS CONSENT FOR ORGAN TRANSPLANT TO THE 1ST PETITIONER. EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DT.23.02.2024 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P7 A TRUE PHOTOCOPY OF THE JUDGMENT DT.26.09.2023 IN W.P.(C) NO.30984 OF 2023.

RESPONDENTS EXHIBITS: NIL.