Jamshida vs The District Level Authorization ...
2021 Latest Caselaw 6644 Ker

WP(C).No.4508 OF 2021(K)
                                  1

            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.4508 OF 2021(K)


PETITIONER/S:

      1         JAMSHIDA
                AGED 29 YEARS
                W/O FAZIL, PARAPPUMMAL HOUSE,
                KAYAKODY P O, VATAKARA,
                KOZHIKODE DISTRICT.

      2         MEREENA DASAN
                AGED 48 YEARS
                W/O DASAN,
                MARIYALAYAM, KANNIMMELCHERRY, THIRUMULLAVARAM P O,
                KOLLAM DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

      1         THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
                FOR TRANSPALANTATION OF HUMAN ORGANS, ERNAKULAM,
                ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
                PIN-683104, REPRESENTED BY ITS CHAIRMAN.

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

      3         THE ASSISTANT COMMISSIONER OF POLICE
                KOLLAM,KOLLAM P O,
                KOLLAM DISTRICT, PIN-691001.


OTHER PRESENT:

                SMT.VINITHA.B, 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.4508 OF 2021(K)
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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 her kidneys

and she 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 her kidney.

2. Petitioners submitted that though they submitted

Exts.P9 and P10 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

of kidney in such circumstances when the donor is not related to WP(C).No.4508 OF 2021(K)

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.P9 and P10, 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.4508 OF 2021(K)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE CERTIFICATE ISSUED BY

THE TALUK HOSPITAL, KUTTIADY DATED 4.1.2021.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY NADAPURAM MLA, E K VIJAYAN DATED 3.1.2021.

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MAYOR OF KOLLAM MUNICIPAL CORPORATION DATED 25.01.2021.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 12.02.2021.

EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 12.2.2021.

EXHIBIT P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 27.11.2020.

EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 4.12.2020.

EXHIBIT P8 THE TRUE COPY OF THE CONSENT LETTER OF THE HUSBAND AND DAUGHTER OF THE DONOR DATED 4.12.2020.

EXHIBIT P9 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 18/2/2021.

EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 27.11.2020.