Simon Jose Cardozo vs The District Level Authorization ...
2021 Latest Caselaw 4740 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                         WP(C).No.2325 OF 2021(M)


PETITIONERS:

      1        SIMON JOSE CARDOZO
               S/O. EUGENIO ANTAO CARDOZO, AGED 50 YEARS,
               THEVALAPPURATH HOUSE, KODUMTHARA, VTC VALLICODE,
               NARIYAPURAM P.O, PATHANAMTHITTA DISTRICT.

      2        BOSE P.,
               AGED 44 YEARS
               S/O. PURUSHOTHAMAN, KOCHUKALLAZHIYIL HOUSE,
               NEDUNGOLAM P.O, PARAVOOR, KOLLAM DISTRICT.

               BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

      1        THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
               FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
               ERNAKULAM MEDICAL COLLEGE HOSPITAL,
               KALAMASSERY, PIN-683 104,
               REPRESENTED BY ITS CHAIRMAN.

      2        THE CONVENER,
               LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
               LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
               MARADU, NETTOOR P.O, ERNAKULAM, PIN-682 040

      3        THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR,
               CHATHANNOOR P.O, KOLLAM DISTRICT, PIN-691 572

             BY   ADV.   SRI.P.BENNY THOMAS
             BY   ADV.   SRI.D.PREM KAMATH
             BY   ADV.   SRI.TOM THOMAS (KAKKUZHIYIL)
             BY   ADV.   SHRI.ABEL TOM BENNY
             BY   ADV.   SMT.MEENAKSHY S DEV
             BY   ADV.   SHRI.JAIKRISHNAN.M.PISHARODI
             BY   ADV.   SHRI.JYOTHISH KRISHNA
OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2325 OF 2021(M)

                                            2




                              J U D G M E N T

The 1st petitioner is a kidney patient undergoing

treatment in the VPS Lakeshore Hospital Ernakulam, for

both his kidneys and he is advised to have

transplantation of kidney. It is stated that since the

kidneys of the close relatives of the 1 st petitioner are

not suitable for transplantation, the second petitioner

has come forward to donate his kidney.

2. Petitioners submitted that though they

submitted Ext.P7 application along with all documents,

2nd respondent is not taking any action.

3. Shri. Benny P. Thomas, learned counsel

appearing for the second respondent on instructions

submits that petitioners have not submitted

applications so far. It is also submitted that as and

when the applications along with all the documents are

received they will forward the same to the first

respondent. The learned counsel for the petitioners WP(C).No.2325 OF 2021(M)

submit that the application would be submitted along

with all documents within 2 days.

4. The transplantation of kidney from unrelated

donors is 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 2nd respondent to forward the

application Ext.P7 to the 1 st respondent along with all

the documents within a period of three days from the

date of its receipt from the petitioners. There shall

be a further direction to the first respondent to

examine the said application along with relevant WP(C).No.2325 OF 2021(M)

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 AS WP(C).No.2325 OF 2021(M)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GENERAL HOSPITAL, PATHANAMTHITTA DATED 30.11.2020.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY PATHANAMTHITTA MP DATED 19.11.2020

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 2.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SON DATED 2.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 12.11.2020.

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 12.11.2020.

EXHIBIT P7 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 12.11.2020.