Kerala High Court
Abdul Kader Moosa vs State Of Kerala on 13 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:41863
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
WP(C) NO. 19249 OF 2025
PETITIONERS:
1 ABDUL KADER MOOSA,
AGED 69 YEARS,
S/O. MOOSA ABDUL KADER,
GREEN VIEW HOUSE, UPPALA, UPPALA GATE P.O.,
KASARAGOD DISTRICT, KERALA, PIN - 671322
2 SHIJI,
AGED 43 YEARS,
W/O.RAJEEV, KANNAMPARAMBIL HOUSE,
KAIPAMANGALAM, KAIPAMANGALAM P.O.,
THRISSSUR DISTRICT, KERALA., PIN - 680681
BY ADVS.
SRI.SHAJI THANKAPPAN
SRI.SUBIN K SUDHEER
SRI.AJAY GOPAL
SRI.AMAL BABY
SRI.NANDUKRISHNA D.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION
COMMITTEE FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM, KERALA., PIN - 683104
2025:KER:41863
W.P.(C) No.19249/2025
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3 ORGAN TRANSPLANTATION LOCAL LEVEL COMMITTEE
REPRESENTED BY ITS CHAIRMAN,
MEDICAL DIRECTOR, VPS LAKESHORE HOSPITAL,
MARADU, NETTOOR P.O., ERNAKULAM,
KERALA, PIN - 682016
4 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
65GW+MF9, KODUNGALLUR,
THRISSUR, KERALA, PIN - 680669
BY ADVS.
SRI.ABEL TOM BENNY, SC
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SRI.AARON ZACHARIAS BENNY
SRI.ALAN J YOGYAVEEDU
SMT.JYOTHIKA KRISHNA
SRI.MATHEW ANGELO DAVIS
SMT.ANANDITHA RAJEEV
SMT.AMMINI KUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:41863
W.P.(C) No.19249/2025
:3:
JUDGMENT
Dated this the 13th day of June, 2025 The writ petition is filed seeking the following reliefs:-
"i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding 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.3 to forward all the documents necessary in the case of the petitioners to the 2ndrespondent forthwith.
iii) 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.
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."
2. I have heard the learned counsel for the petitioners, the learned Government Pleader appearing for 2025:KER:41863 W.P.(C) No.19249/2025 :4: respondents 1, 2 and 4 and the learned Standing Counsel for the 3rd respondent.
3. It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 3rd respondent for effecting an unrelated kidney transplant, it has not been forwarded by the 3rd respondent on the ground that it is not accompanied by a Certificate from the 4th respondent. It is submitted by the learned counsel for the petitioners that the verification by the 4th respondent is not a condition precedent for forwarding of the application and the 2nd respondent, who is the Authority under the enactment, can call for reports from the 4 th respondent, if required.
4. The learned counsel for the 3nd respondent submits that the petitioners have not submitted application with supporting documents to the 3rd respondent. The counsel for the petitioners, however, refuted the said contention and states that though the application was submitted, the officials under the 2025:KER:41863 W.P.(C) No.19249/2025 :5: 3rd respondent refused to accept the application in the absence of a Court order.
5. Government Pleader on instructions submitted that Ext.P6 letter issued by the 3 rd respondent has not been received by the 4th respondent. Government Pleader further submitted that the donor had earlier approached the 4 th respondent in the year 2024 for donating Kidney to another person which request was rejected. The 3 rd respondent should be directed to send a properly addressed Ext.P6 letter to the 4 th respondent.
6. Having considered the contentions advanced and having heard the learned counsel appearing on either side, I am of the opinion that the application preferred by the petitioners is liable to be considered expeditiously by the 2 nd respondent in accordance with law.
7. Accordingly, there will be a direction to the 3 rd respondent to forward Ext.P3 application to the 2 nd respondent 2025:KER:41863 W.P.(C) No.19249/2025 :6: for consideration, at the earliest, if the petitioners resubmit the same with supporting documents. The 3 rd respondent should also send a properly addressed Ext.P6 letter to the 4 th respondent. The 2nd respondent shall conduct all due verifications including by reference to the 4th respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:41863 W.P.(C) No.19249/2025 :7: APPENDIX OF WP(C) 19249/2025 PETITIONER'S EXHIBITS:
Exhibit P1 THE MEDICAL REPORT ISSUED TO THE 1ST PETITIONER FROM THE VPS LAKESHORE HOSPITAL, ERNAKULAM DATED 20.03.2025 Exhibit P2 A TRUE PHOTOCOPY OF THE FORM 11 APPLICATION DATED 21.05.2025 Exhibit P3 A TRUE PHOTOCOPY OF THE FORM 3 APPLICATION DATED 21.05.2025 Exhibit P4 A TRUE PHOTOCOPY OF THE NOTARIZED AFFIDAVIT DATED 14.05.2025 Exhibit P5 A TRUE PHOTOCOPY OF THE NOTARIZED AFFIDAVIT OF THE 2ND PETITIONER GIVING HER CONSENT FOR ORGAN TRANSPLANT TO THE 1ST PETITIONER DATED 21.05.2025 Exhibit P6 A TRUE PHOTOCOPY OF THE LETTER DATED 07.04.2025 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P7 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.09.2023 IN WP(C) NO.30365/2023 AND WP(C) NO.30984/2023.