Kerala High Court
Sameer vs The Dist. Level Organ Transplantation ... on 5 August, 2025
2025:KER:58388
W.P(C).No. 28728 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 28728 OF 2025
PETITIONERS:
1 SAMEER
AGED 34 YEARS
S/O MOIDU, THAMADATHIL, EDAVARAD, PERAMBRA,
ERAVATTUR, KOZHIKODE DIST., PIN - 673152
2 JAYALAKSHMI T.N
AGED 42 YEARS
W/O GOPINATHAN, AYSHAS ARCHAID, KILIKOLLUR P.O.,
KOLLAM, PIN - 691004
BY ADVS.
SRI.SHIRAZ ABDULLA M.S.
SHRI.K.ABDUL NASSAR
SHRI.VISHNU DEV C.S.
SHRI.MUHAMMED AZHARUDEEN A.
RESPONDENTS:
1 THE DIST. LEVEL ORGAN TRANSPLANTATION
AUTHORIZATION COMMITTEE
REP. BY THE CHAIRMAN , GOVERNMENT MEDICAL
COLLEGE, ERNAKULAM, PIN - 683503
2 KERALA STATE ORGAN AND TISSUE TRANSPLANT
ORGANIZATION (K-SOTTO)
1ST FLOOR, OLD HOUSE SURGEON QUARTERS, GOVT.
MEDICAL COLLEGE, NEAR SUPER SPECIALITY BLOCK
ROAD, ULLOOR, THIRUVANANTHAPURAM, KERALA, PIN -
695011
3 LAKESHORE HOSPITAL & RESEARCH CENTRE LTD.
REP. BY ITS ADMINISTRATIVE OFFICER XVI/612,
MARADU, NETTOOR P O, ERNAKULAM, PIN - 682040
GP SMT K.B SONY for R1
SC SRI. AJIT JOY FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:58388
W.P(C).No. 28728 OF 2025
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SHOBA ANNAMMA EAPEN, J.
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W.P(C).No. 28728 OF 2025
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Dated this the 5th day of August, 2025
JUDGMENT
The above writ petition is filed challenging Ext.P12 order passed by the first respondent. The first petitioner was diagnosed with chronic kidney disease and he was advised for immediate renal transplantation. Due to medical reasons, none of his close relatives are fit to donate a kidney. The second petitioner, who is having close family association with the first petitioner, expressed her willingness to donate one of her kidneys to the first petitioner so as to save his life with the consent of her husband and other relatives, voluntarily without any compulsion on humanitarian basis alone. On clinical examination, it was found that the tissue types of both the petitioners were matching and the second petitioner was found medically fit to donate a kidney to the first petitioner. The first petitioner approached the first respondent for permission as required under the statute. After detailed hearing, the first respondent by Ext.P12 order rejected the 2025:KER:58388 W.P(C).No. 28728 OF 2025 :-3-:
request put forth by the petitioners. Aggrieved by the same, the petitioners have approached this Court with the above writ petition.
3. Heard Sri.Shiraz Abdulla.M.S., the learned counsel appearing for the petitioners, Sri.Ajit Joy, the learned Standing Counsel for the second respondent and Smt.K.B.Sony, the learned Government Pleader appearing for the first respondent.
4. Learned Standing Counsel for the second respondent submits that the petitioners ought to have filed an appeal before the State Government if aggrieved by Ext.P12 order and it is only after exhausting the statutory remedy, the petitioners can file writ petition before this Court.
5. I find force in the argument. As per Section 17 of the Transplantation of Human Organs and Tissues Act,1994 (for short 'the Act') and Rule 33 of the Transplantation of Human Organs and Tissues Rules, 2014 (for short 'the Rules'), any person aggrieved by an order of the Authorisation Committee rejecting an application for approval under sub-section (6) of Section 9 may prefer an appeal before the State Government.
2025:KER:58388 W.P(C).No. 28728 OF 2025 :-4-:
In the present writ petition, the petitioners have not approached the State Government whereas they filed the writ petition without exhausting statutory remedies available.
Accordingly, this writ petition is disposed of with as follows:
The petitioners are directed to file an appeal before the State Government under Section 17 of the Act read with Rule 33 of the Rules within a period of one month from today.
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SHOBA ANNAMMA EAPEN JUDGE MBS/ 2025:KER:58388 W.P(C).No. 28728 OF 2025 :-5-:
APPENDIX OF WP(C) 28728/2025 PETITIONER EXHIBITS Exhibit 1 A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 31-01-2025 IN THIS REGARD IS PRODUCED HEREWITH, MARKED AS EXHIBIT P1.
Exhibit 2 A TRUE COPY OF THE CERTIFICATE OF ALTRUISM, ISSUED TO THE PETITIONERS, BY THE ASST. COMMISSIONER OF POLICE, KOLLAM CITY DATED 12-05-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P2 Exhibit 3 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS, ATTESTED BY THE MLA, ERAVIPURAM DATED 14-05-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P3 Exhibit 4 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND - GOPINATHAN. K, ISSUED BY THE VILLAGE OFFICER, KILIKOLLUR DATED 21-05-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P4 Exhibit 5 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER K.C. SANTHAMMAL ISSUED BY THE VILLAGE OFFICER, KILIKOLLUR DATE 21-05-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P5 Exhibit 6 A TRUE COPY OF RATION CARD OF THE 2ND PETITIONER, DATED NIL IS PRODUCED HEREWITH, MARKED AS EXHIBIT P6 Exhibit 7 A TRUE COPY OF THE NATIVITY CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE VILLAGE OFFICER KILIKOLLUR DATED 16-12- 2024 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P7 Exhibit 8 A TRUE COPY OF THE INCOME CERTIFICATE OF THE 2ND PETITIONER, ISSUED BY THE VILLAGE OFFICER, KILIKOLLUR DATED 18- 12-2024 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P8 Exhibit 9 A TRUE COPY OF THE NOTARIZED AFFIDAVIT BY THE 2ND PETITIONER'S MOTHER - K.C. SANTHAMMAL DATED 31-01-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P9 2025:KER:58388 W.P(C).No. 28728 OF 2025 :-6-:
Exhibit 10 A TRUE COPY OF THE NOTARIZED AFFIDAVIT BY THE 2ND PETITIONER'S HUSBAND - GOPINATHAN K. DATED 31-01-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P10 Exhibit 11 COPY OF THE FAMILY PHOTOGRAPH OF THE PETITIONERS IS PRODUCED HEREWITH, MARKED AS EXHIBIT P11 Exhibit 12 A TRUE COPY OF THE ORDER OF REJECTION BY THE 1ST RESPONDENT DATED 07-07-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P12 Exhibit 13 A TRUE COPY OF THE SELF ATTESTED AFFIDAVIT BY THE 1ST PETITIONER'S NEIGHBOUR - JAMEELA DATED NIL IS PRODUCED HEREWITH, MARKED AS EXHIBIT P13 Exhibit 14 A TRUE COPY OF THE SELF ATTESTED AFFIDAVIT BY THE 1ST PETITIONER'S NEIGHBOUR - MARIYAM DATED NIL IS PRODUCED HEREWITH, MARKED AS EXHIBIT P14 Exhibit 15 A TRUE COPY OF THE SELF ATTESTED AFFIDAVIT BY THE 1ST PETITIONER'S MAHALLU COMMITTEE SECRETARY DATED 13- 07-2025 IS PRODUCED HEREWITH, MARKED AS EXHIBIT P15 Exhibit 16 A TRUE COPY OF THE SELF ATTESTED AFFIDAVIT BY THE 1ST PETITIONER'S MAHALLU COMMITTEE SECRETARY DATED 13- 07-2025