Safir T.V vs The State Of Kerala
2021 Latest Caselaw 6767 Ker

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.4528 OF 2021(M)

PETITIONERS:

       1       SAFIR T.V.
               AGED 32 YEARS
               S/O. MUHAMMEDUNNI T.V., RESIDING AT THONDAL
               VALAPPIL (H), THANEERCODE PO, PALAKKAD.

       2       JEEBINSA,
               AGED 48 YEARS
               W/O. M.SHAMSUDHEEN, RESIDING AT CHIRAYIL (H),
               CHERIKONAM, KANNANALLUR PO, KOLLAM, PIN-691576.

               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, AWEST
               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 DEPUTY SUPERINTENDENT OF POLICE
               KOLLAM DISTRICT, KERALA, PIN-691021.



               SMT.VINITH.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.
                  -----------------------------------------------------
                            W.P(c) No.4528 of 2021 - M
                   ----------------------------------------------------
                    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 treatment 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 PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM-3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 13.7.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH THE AFFIDAVIT OF THE 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 2.1.2021 ISSUED BY THE CONSULTANT NEPHROLOGIST OF THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 18.6.2015 IN WP(C) NO.10816 OF 2015 OF THE HONOURABLE HIGH COURT OF KERALA ERNAKULAM.

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED 7.3.2020 ISSUED BY THE PRESIDENT OF CHALISSERY GRAMA PANCHAYAT.

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THIKKOVILATTOM GRAMA PANCHAYAT.