Thampi S vs The District Level Authorization ...
2021 Latest Caselaw 6277 Ker

WP(C).No.4426 OF 2021(C)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.4426 OF 2021(C)


PETITIONER/S:

      1         THAMPI S.
                AGED 46 YEARS
                S/O. SASIDHARAN, KRISHNA BHAVAN, MAYYANAD,
                THATTAMAL P.O., KOOTTIKKADA, KOLLAM DISTRICT.

      2         ANILKUMAR,
                AGED 50 YEARS
                S/O. MANOHARAN, VAZHAKIDANGATH(H), KIRALUR, MUNDUR
                P.O., THRISSUR DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:

      1         THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
                TRANSPLANTATION OF HUMAND ORGANS,
                ERNAKULAM, ERNAKULAM MEDICAL TRUST HOSPITAL,
                KALAMASSERY, PIN-683104, REPRESENTED BY ITS
                CHAIRMAN.

      2         THE CONVENER,LOCAL COMMITTEE OF ORGAN
                TRANSPLANTATION, AMRUTHA INSTITUTE OF MEDICAL
                SCIENCE (AMRUTHA HOSPITAL), PONEKKARA, AIMS P.O.,
                ERNAKULAM DISTRICT, PIN-682041.

      3         THE DEPUTY SUPERINTENDENT OF POLICE,
                KUNNAMKULAM, KUNNAMKULAM P.O., THRISSUR DISTRICT,
                PIN-680503.

                R2 BY ADV. SRI.K.SRIKUMAR (SR.)
                R2 BY ADV. SRI.K.MANOJ CHANDRAN

OTHER PRESENT:

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4426 OF 2021(C)
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                               JUDGMENT

Dated this the 22nd day of February 2021

The 1st petitioner is undergoing the treatment for chronic

liver disease in Amrutha Institute of Medical Science and he is

advised to have liver transplantation at the earliest point of

time. It is stated that since the liver of the close relatives

of the 1st petitioner is not suitable for transplantation, the 2nd

petitioner has come forward to donate his liver.

2. Petitioners submitted that though they submitted

Exts.P8 and P9 applications along with all documents before the

2nd respondent, the same is not forwarded.

3. The learned Counsel for the 2nd respondent submitted

that petitioners are yet to submit application and as and when

application along with all the documents are produced, they will

forward the same to the 1st respondent.

4. The transplantation of liver 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 liver 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 WP(C).No.4426 OF 2021(C)

direction to the 2nd respondent to forward the applications

Exts.P8 and P9, as soon as it is received, to the 1 st respondent

along with all the documents within a period of three days from

the date of its receipt. As it is stated that liver

transplantation is required emergently, there shall be a further

direction to the 1st respondent to examine the said applications

along with 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 Act, 1994 and

Rule 7(3) of the Rules, 2014, as expeditiously as possible, at

any rate within a period of two weeks from the date of receipt

of a copy of the judgment.

Sd/-

                                                       P.V.ASHA

rkc                                                     JUDGE
 WP(C).No.4426 OF 2021(C)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE   TRUE  COPY   OF    THE   IDENTIFICATION
                     CERTIFICATE   OF   THE    PETITIONERS   DATED
                     13.1.2021.

EXHIBIT P2           THE   TRUE  COPY   OF  THE  IDENTIFICATION

CERTIFICATE OF THE DONOR AND HIS SON DATED 2.2.2021.

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY ALATHUR M.P., RAMYA HARIDAS DATED 8.2.2021.

EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY IRAVIPURAM MLA, M.NOUSHAD DATED 10.2.2021.

EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER AND HIS SON DATED 18.2.2021.

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 18.2.2021.

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER AND HIS SON DATED 18.2.2021.

EXHIBIT P8 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 18.2.2021.

EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 18.2.2021.