Kerala High Court
Jini Sebastian vs The District Level Authorisation ... on 8 February, 2021
W.P(C).No.2500/2021-J 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.2500 OF 2021(J)
PETITIONERS:
1 JINI SEBASTIAN,
AGED 42 YEARS
WIFE OF SEBASTIAN, KAITHAKODAN HOUSE, PERINCHERRY
P.O., PIN-680 306, THRISSUR DISTRICT.
2 SUNIL
AGED 39 YEARS
SON OF SREEDHARAN, GANGA BHAVANAM, KARALI P.O.,
690 521, WEST KALLADA, KOLLAM DISTRICT.
BY ADV. SRI.KISHOR B.
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORISATION COMMITTEE,
FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM
MEDICAL COLLEGE HOSPITAL, POST KALAMASSERY,
PIN-680 020, REPRESENTED BY ITS CHAIRMAN.
2 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION
MEDICAL TRUST HOSPITAL LTD., ERNAKULAM,
PIN-682 016 REPRESENTED BY ITS CHAIRMAN.
3 THE DEPUTY SUPERINTENDENT OF POLICE
KOTTARAKKARA - 691 506.
SMT.VINITHA.B, GOVERNMENT PLEADER,
SRI.R.S.KALKURA, STANDING COUNSEL FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.2500/2021-J 2
JUDGMENT
The 1st petitioner is a kidney patient undergoing treatment in the Medical
Trust Hospital, Ernakulam and she is advised to have transplantation of kidney. It
is stated that since there is nobody among her close relatives, the 2 nd petitioner has
come forward to donate his kidney. The Writ Petition is filed alleging that the 2 nd
respondent is not taking any action to forward the application to the 1 st respondent
and they are waiting for the report from the 3rd respondent.
2. Sri R.S.Kalkura, the learned Counsel appearing for the 2 nd respondent,
though on instructions submits that the petitioners have not submitted any
application so far, the learned counsel for the petitioners submitted that Ext.P3
application is already submitted before the 2nd respondent along with Ext.P2 joint
affidavit and other relevant documents including Ext.P4.
3. It is also submitted on behalf of the 2 nd respondent that in case the
petitioner submits the application along with all the requisite documents, they will
forward the same to the 1st respondent.
4. The transplantation of kidney from unrelated donors are governed by
Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994 ('the
Act, 1994') and Rule 7(3) of the Transplantation of Human Organs and Tissues
Rules, 2014 ('the Rules 2014'). The 1st respondent is the authority constituted for
examining the applications for transplantation of kidney in such circumstances
when the donor is not related to the donee, in accordance with the provisions
contained in the Act and Rules.
Therefore, the Writ Petition is disposed of with a direction to the 2 nd
respondent to forward the application Ext.P3 to the 1 st respondent along with all
the documents within a period of three days. There shall be a further direction to
the 1st respondent to examine the said application along with relevant documents
after obtaining a report from the 3 rd respondent and to take a decision on it in
accordance with the provisions contained in Section 9(3) of the Act, 1994 and Rule
7(3) of the Rules, 2014, as expeditiously as possible, at any rate within a period of
one month from the date of receipt of a copy of the judgment.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
CONSULTANT NEPHROLOGIST, MEDICAL TRUST
HOSPITAL, ERNAKULAM DATED 13.1.2021.
EXHIBIT P2 TRUE COPY OF THE JOINT AFFIDAVIT DATED
17.9.2020 EXECUTED BY THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 3
SUBMITTED BY THE SECOND PETITIONER, DONOR
DATED 17.9.2020.
EXHIBIT P4 TRUE COPIES OF THE DOCUMENTS SUBMITTED
ALONG WITH THE EXT.P3 APPLICATION.
