Gowtam Chandran Salgar vs State Of Kerala
2021 Latest Caselaw 5781 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.2747 OF 2021(P)


PETITIONER:

               GOWTAM CHANDRAN SALGAR
               AGED 41 YEARS
               S/O NARASIMHA RAO SALGAR,
               THACHAPPILLY HOUSE, TELEPHONE EXCHANGE ROAD,
               MADAVANA, KUMBLAM P O, KANAYANNUR TALUK, ERNAKULAM
               DISTRICT.

               BY ADVS.
               SRI.ABDUL JALEEL.A
               SMT.M.A.SULFIA
               SRI.M.J.PAVU

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695011.

      2        THE LOCAL AUTHORISATION
               COMMITTEE, CONSTITUTED UNDER THE TRANSPLANTATION OF
               HUMAN ORGANS AND TISSUES ACT, REPRESENTED BY ITS
               AUTHORISED OFFICER, MEDICAL COLLEGE, MEDICAL COLLEGE
               P O, THIRUVANANTHAPURAM-695011.

      3        THE DEPUTY SUPERINTENDENT OF POLICE
               CHERTHALA, ALAPPUZHA DISTRICT-688524.

      4        THE STATION HOUSE OFFICER
               POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT-
               688524.

      5        THE DISTRICT LEVEL AUTHORISING COMMITTEE
               CONSTITUTED UNDER THE TRANSPLANTATION OF HUMAN
               ORGANS AND TISSUES ACT REPRESENTED BY THE PRINCIPAL,
               KALAMASSERY MEDICAL COLLEGE, ERNAKULAM-683104.

      6        THE DIRECTOR
               NEPHROLOGY AND CHIEF OF RENAL TRANSPLANT SERVICES,
               LAKESHORE HOSPITALS AND RESEARCH CENTRE LTD,
               NATIONAL HIGHWAY-47 BYPASS, MARADU, NETTOOR, KOCHI-
 WP(C).No.2747 OF 2021(P)

                               2

             682040.

      ADDL.R7 RAMANI, AGED 52, W/O PRATHAPAN A.R, MELOOTTU
              PUTHENPARAMBU VEEDU, PANAVALLY P.O, PANAVALLY
              VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-
              688 526

      ADDL.R8 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION,
              LAKESHORE HOSPITAL AND RESEARCH CENTRE
              LTD.,NATIONAL HIGHWAY -47 BYPASS, MARADU, NETTOOR,
              KOCHI-682 040, REPRESENTED BY CHIEF MEDICAL
              OFFICER.
              ADDITIONAL R7 AND R8 IMLEADED AS PER THE ORDER
              DATED 9/2/2021 IN I.A.1/2021 IN W.P.(C)2747/2021

             R6, R8 BY ADV. SRI.P.BENNY THOMAS
             R6, R8 BY ADV. SRI.D.PREM KAMATH
             R6, R8 BY ADV. SRI.TOM THOMAS (KAKKUZHIYIL)
             R6, R8 BY ADV. SHRI.ABEL TOM BENNY
             R6, R8 BY ADV. SHRI.JYOTHISH KRISHNA
             R6, R8 BY ADV. SHRI.KURIAN OOMMEN THERAKATH
             R6, R8 BY ADV. SHRI.JAIKRISHNAN.M.PISHARODI
             R7 BY ADV. SRI.A.E.ALIYAR


             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2747 OF 2021(P)

                                   3



                               JUDGMENT

Dated this the 17th day of February 2021

The petitioner is a kidney patient undergoing

treatment in Lakeshore Hospital, Maradu, and he is

advised to have transplantation of kidney. It is

also stated that the additional 7th respondent has

agreed to donate her kidney, since there are no

close relatives of petitioner with kidneys

suitable for the petitioner.

2. The petitioners submitted that though they

have submitted application along with all the

documents before the 2nd respondent, the same is

not forwarded.

3. The additional 7th respondent, who is the

doner, has also entered appearance.

4. Heard Sri.Benny P.Thomas, the learned

Standing Counsel appearing for the addtitional 8th

respondent, who submitted that the petitioner is a

patient undergoing treatment in the Lakeshore WP(C).No.2747 OF 2021(P)

Hospital. It is stated that no application or

documents were produced before the additional 8th

respondent. In the circumstances of the case, it

is stated that, as soon as the petitioner submits

the application along with all the requisite

documents, it would be forwarded to the 2nd

respondent.

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 2nd 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 additional 8th respondent

to forward the application along with all the WP(C).No.2747 OF 2021(P)

documents to the 2nd respondent within a period of

three days from its receipt. There shall be a

further direction to the 2nd respondent to examine

the application, along with the relevant documents

after obtaining a report from the 3rd respondent

and to take a decision on it, in accordance with

the provisions contained in Section 9(3) of the

Transplantation of 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.2747 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE MEDICAL CERTIFICATE ISSUED FROM 6TH RESPONDENT -LAKESHORE HOSPITAL, MARADU DATED 28/1/2021.

EXHIBIT P2 TRUE COPY OF THE REQUISITION LETTER FORWARDED BY THE 6TH RESPONDENT TO 3RD RESPONDENT DATED 19/10/2020.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE