Rajeevan vs The District Level Authorization ...
2021 Latest Caselaw 5461 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.3716 OF 2021(L)


PETITIONERS:

      1        RAJEEVAN,
               AGED 43 YEARS
               S/O. KUMARAN, KUNNATHPOYIL HOUSE, VILLIYAPALLY P.O.,
               VATAKARA, KOZHIKODE DISTRICT.

      2        AMBIKA SUNIL,
               AGED 45 YEARS
               W/O. SUNIL, THOMMITHAZHE HOUSE, SANTHI GRAMAM,
               CHIRAKADAVU, PONKUNNAM P.O., KANJIRAPPALLY TALUK,
               KOTTAYAM 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-683104, REPRESENTED BY ITS CHAIRMAN.

      2        THE CONVENER,
               LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL
               TRUST HOSPITAL LTD., ERNAKULAM DISTRICT, PIN-682016.

      3        THE ASSISTANT COMMISSIONER OF POLICE,
               KANJIRAPPALLY, PONKUNNAM P.O., KOTTAYAM DISTRICT,
               PIN-686507.




               SMT.VINITHA.B, GP
               SRI.R.S.KALKURA,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3716 OF 2021(L)

                                  2




                                JUDGMENT

Dated this the 15th day of February 2021

The 1st petitioner is a kidney patient

undergoing treatment in Medical Trust 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 1st petitioner are not available for

transplantation, the 2nd petitioner has come forward

to donate her kidney.

2. The petitioners submitted that though they

have submitted Exts.P9 and P10 applications along

with all the documents before the 2nd respondent,

the same is not forwarded.

3. The learned Counsel for the 2nd respondent,

Sri.R.S. Kalkura, submits that the petitioners have

not submitted their applications along with the

documents.

WP(C).No.3716 OF 2021(L)

4. The learned counsel appearing for the

petitioners submitted that all the documents would

be submitted within two days.

5. 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 application

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

Exts.P9 and P10 applications along with all the

documents to the 1st respondent, as soon as it is

received without waiting for the report of the 3 rd

respondent, in accordance with the provisions

contained in Section 9(3) of the Transplantation of WP(C).No.3716 OF 2021(L)

Human Organs and Tissues Act, 1994 as well as Rule

7(3) of the Transplantation of Human Organs and

Tissues 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.

The Writ Petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.3716 OF 2021(L)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY KANJIRAPPALLY MLA DATED 3.1.2021.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF VILLIYAPALLY GRAMA PANCHAYATH DATED 20.1.2021.

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 31.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER SON DATED 31.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 9.2.2021.

EXHIBIT P6 THE TRUE COPY OF THE CONSENT LETTER OF THE DONOR DATED 9.2.2021.

EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE HUSBAND OF THE DONOR DATED 9.2.2021.

EXHIBIT P8 THE TRUE COPY OF THE CONSENT LETTER OF THE SON OF THE DONOR DATED 9.2.2021.

EXHIBIT P9 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 9.2.2021.

EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 9.2.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE