Kerala High Court
Nimisha Nizar vs The District Level Authorization ... on 2 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48090
WP(C) NO. 24047 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 24047 OF 2025
PETITIONER:
NIMISHA NIZAR
AGED 24 YEARS
D/O.NIZAR M.,PUTHUVAL PURAYIDAM, THUMPOLY,
ALAPPUZHA NORTH P.O., KOMALAPURAM VILLAGE,
AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN -
688007
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM
REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL
COLLEGE, H.M.T. COLONY P.O., KALAMASSERY,
KOCHI, PIN - 683503
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
MARADU, NETTOOR P.O., ERNAKULAM DISTRICT, PIN -
682040
2025:KER:48090
WP(C) NO. 24047 OF 2025
2
3 THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA
DY.S.P. OFFICE, ALAPPUZHA DISTRICT, PIN -
688012
BY ADV.SMT.ANIMA.M- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:48090
WP(C) NO. 24047 OF 2025
3
N. NAGARESH, J.
----------------------
W.P.(C) No.24047 of 2025
------------------------------
Dated this the 2nd day of July, 2025
JUDGMENT
The petitioner is the proposed donor of a liver patient. In order to facilitate legal organ transplantation, a joint application is to be submitted to the 1st respondent. The application has to be submitted through the 2nd respondent- Local Level Committee for Organ Transplantation.
2. The petitioner and the patient submitted application to the 2nd respondent and requested to process and forward the same to the 1st respondent for authorisation of transplantation. The 2nd respondent is not forwarding the same on the ground that the petitioner and the patient have not submitted Altruism Certificate.
2025:KER:48090 WP(C) NO. 24047 OF 2025 4
3. Counsel for the petitioner submitted that in view of various judgments of this Court, the Local Level Committee for Organ Transplantation need not withhold an application in the absence of Altruism Certificate since the 1st respondent can always call for that certificate from the 3rd respondent.
4. Standing Counsel entered appearance and resisted the writ petition on behalf of the 2nd respondent. The 2nd respondent submitted that on receipt of application for organ transplantation from the petitioner and the patient, it was noticed that the application was not supported by all requisite certificates and documents. Therefore, the 2nd respondent could not forward the same to the 1st respondent. If the petitioner and the patient submit the application with all supporting documents, the 2nd respondent can forward the same to the 1st respondent after due processing.
2025:KER:48090 WP(C) NO. 24047 OF 2025 5
5. I have heard the learned Counsel for the petitioner, the learned Government Pleader representing respondents 1 and 3 and the learned Standing Counsel appearing for the 2nd respondent.
6. The petitioner seeks authorisation for transplantation of human organ. This is immediately required for the safety of the life of the patient. The petitioner, therefore, submitted application to the 2nd respondent. The 2nd respondent has not processed the application in the absence of certain certificates / documents.
7. Considering the fact that an Altruism Certificate can always be called for by the 1st respondent from the jurisdictional Deputy Superintendent of Police, I am of the view that the 2nd respondent need not withhold the application indefinitely, as it will have adverse impact on the life of the patient.
The writ petition is, therefore, disposed of directing 2025:KER:48090 WP(C) NO. 24047 OF 2025 6 that if the petitioner and the patient resubmit joint application along with available documents / certificates to the 2nd respondent, the 2nd respondent shall process the same and forward it to the 1st respondent without awaiting for Altruism Certificate. The 2nd respondent shall forward the same within a period of one week. The 1st respondent, on receipt of the application, shall process the same, if necessary, by calling for relevant Altruism Certificate from the jurisdictional Deputy Superintendent of Police and a decision thereon shall be taken as expeditiously as possible and at any rate within a further period of four weeks from the date of receipt of the application and relevant documents.
Sd/-
N. NAGARESH JUDGE Mn 2025:KER:48090 WP(C) NO. 24047 OF 2025 7 APPENDIX OF WP(C) 24047/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VPS LAKESHORE HOSPITAL, ERNAKULAM DATED 24.06.2025 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND THE PATIENT DATED 18.06.2025 Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HER HUSBAND DATED 30.04.2025 Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HER FATHER DATED 30.04.2025 Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONER AND PATIENT DATED 23.06.2025 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE PETITIONER DATED 23.06.2025 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE FATHER OF THE PETITIONER DATED 23.06.2025 Exhibit P8 THE TRUE COPY OF THE CONSENT OF HUSBAND OF THE PETITIONER DATED 23.06.2025 Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION OF THE PETITIONER AND PATIENT DATED 23.06.2025 Exhibit P10 THE TRUE COPY OF FORM 11 APPLICATION OF THE PETITIONER AND PATIENT DATED 23.06.2025