Riyad S vs The District Level Authorization ...
2021 Latest Caselaw 6643 Ker

WP(C).No.4557 OF 2021(T)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

 WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4557 OF 2021(T)


PETITIONER/S:

      1         RIYAD S.
                AGED 38 YEARS
                S/O. LATE SAFARULLAH KHAN, ELAVAMMOODU VEEDU,
                PALLICKAL P.O. THIRUVANANTHAPURAM DISTRICT.

      2         PRADEEP KUMAR.M.,
                AGED 37 YEARS
                S/O. MOHAN DAS, VANDAYIL CHERUVILAKATHU PUTHEN
                VEEDU, NEDUMANGAD,
                THIRUVANANTHAPURAM DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

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

      2         THE CONVENER,LOCAL COMMITTEE OF ORGAN
                TRANSPLANTATION, MEDICAL TRUST HOSPITAL LIMITED,
                ERNAKULAM DISTRICT, 682 016.

      3         THE DEPUTY SUPERINTENDENT OF POLICE,
                NEDUMANGAD, NEDUMANGAD P.O. THIRUVANANTHAPURAM
                DISTRICT 695 541.


OTHER PRESENT:

                SMT.PRINCY XAVIER ,GP.
                SRI.R.S.KALKURA,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4557 OF 2021(T)
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                                          JUDGMENT

Dated this the 24th day of February 2021

The 1st petitioner is a kidney patient undergoing treatment

in the 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 1 st

petitioner are not suitable for transplantation, the 2nd

petitioner has come forward to donate his kidney.

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. Adv.R.S.Kalkura, 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 1 st

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 WP(C).No.4557 OF 2021(T)

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 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. 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 one month from the date of receipt of a

copy of the judgment.

Sd/-

                                                      P.V.ASHA

rkc                                                     JUDGE
 WP(C).No.4557 OF 2021(T)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE CERTIFICATE ISSUED BY

CHAIRPERSON OF NEDUMANGAD MUNICIPALITY DATED 9.2.2021.

EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS FATHER DATED 9.2.2021

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 9.2.2021.

EXHIBIT P4 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 17.2.2021.

EXHIBIT P5 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 17.2.2021.

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 17.2.2021.

EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 17.2.2021.

EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 18.2.2021.

EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 17.2.2021.