Kerala High Court
Noushad A.C vs The State Of Kerala on 25 February, 2021
W.P(C).No.4514/2021-L 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942
WP(C).No.4514 OF 2021(L)
PETITIONERS:
1 NOUSHAD A.C.
AGED 36 YEARS
S/O.KUNHEEN, RESIDING AT ANAYAM CHIRAKKAL,
CHULLIPPARA P.O., TIRURANGADI, MALAPPURAM,
PIN-676508.
2 RETHY,
AGED 36 YEARS,
W/O.SASI T.K., RESIDING AT THIRUNELLUR HOUSE
MULLASSERY, THIRUNELLUR, THRISSUR, KERALA,
PIN-680508.
BY ADVS.
SRI.K.V.JAYADEEP MENON
SRI.T.P.RAMESH (THENGUMPILLIL)
SMT.P.KRISHNAPRIYA
SHRI.AKHIL GEORGE
SHRI.GAJENDRA SINGH RAJPUROHIT
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, THRISSUR, MEDICAL
COLLEGE P.O., THRISSUR DISTRICT, PIN-680596.
3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,WEST
FORT HI-TECH HOSPITAL LTD. TMC 1/1536 OF THRISSUR
CORPORATION, PUNKUNNAM, THRISSUR DISTRICT, PIN-
680002.
W.P(C).No.4514/2021-L 2
4 THE ASSISTANT COMMISSIONER OF POLICE,
GURUVAYOOR, PIN-680101.
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.4514/2021-L 3
P.V.ASHA, J.
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W.P(c) No.4514 of 2021 - L
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Dated this the 25th day of February, 2021
JUDGMENT
The 1st petitioner is a kidney patient. It is stated that he is in stage 5 and is
undergoing hemodialysis in the West Fort Hi-Tech Hospital Ltd., Thrissur 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 suitable for transplantation, the
second petitioner has come forward to donate him kidney.
2. The petitioners submitted that though they have submitted Exts.P1
and P2 applications along with all documents before the 3rd respondent, the same is
not forwarded. Though notice was taken out by the petitioners to the 3 rd
respondent by e-mail, nobody has entered appearance.
3. 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 2nd respondent is the authority constituted for
examining the applications 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.
4. Therefore, if the 3rd respondent has received the applications from the
petitioners along with documents it is bound to forward the same to the 2 nd
respondent along with its report, without waiting for a Police report.
Therefore, the Writ Petition is disposed of with a direction to the 3 rd
respondent to forward the applications Exts.P1 and P2 along with all the
documents to the 2nd respondent within a period of three days in case it is already
received or within three days from the date of receipt of the same from the
petitioners without waiting for a report from the 4 th respondent. There shall be a
further direction to the 2nd respondent to examine the said applications along with
all the relevant documents after obtaining a report from the 4 th 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, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE JOINT APPLICATION
IN FORM 3 OF THE TRANSPLANTATION OF HUMAN
ORGANS AND TISSUES RULES, 2014 DATED
10.11.2020 SUBMITTED BY THE PETITIONERS TO
THE 3RD RESPONDENT ALONG WITH THE AFFIDAVIT
OF 2ND PETITIONER.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE APPLICATION FOR THE
APPROVAL OF TRANSPLANTATION FROM LIVING
DONOR UNDER FORM 11 THE TRANSPLANTATION OF
HUMAN ORGANS AND TISSUES RULES, 2014
SUBMITTED BY THE PETITIONERS TO THE 3RD
RESPONDENT.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE
DATED 11.01.2021 ISSUED BY THE CONSULTANT
NEPHROLOGIST OF THE 3RD RESPONDENT.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED
18.06.2015 IN W.P(C)NO.10816 OF 2015 OF THE
HONORABLE HIGH COURT OF KERALA ERNAKULAM.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED
25.10.2020 ISSUED BY THE MEMBER OF KERALA
LEGISLATIVE ASSEMBLY TIRURANGADI.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED
15.12.2020 ISSUED BY THE MEMBER OF KERALA
LEGISLATIVE ASSEMBLE MANALUR.
