Rasak vs The District Level Authorization ...
2021 Latest Caselaw 6876 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                       WP(C).No.4731 OF 2021(N)


PETITIONERS:

      1        RASAK,
               AGED 40 YEARS
               S/O. ASSAINAR, THANDANAPARAMBIL HOUSE,
               VADAKKEKKARA P.O, PARAVUR, ERNAKULAM DISTRICT

      2        MANU S
               AGED 29 YEARS
               S/O. SUKESAN, CHARUVILA VEEDU, MANAMBOOR P.O,
               VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT

               BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

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

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

      3        THE DEPUTY SUPERINTENDENT OF POLICE,
               ATTINGAL , ATTINGAL P.O,
               THIRUVANANTHAPURAM DISTRICT PIN 695 101


OTHER PRESENT:

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4731 OF 2021(N)

                                         2




                                     JUDGMENT

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 1st 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 1st 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 WP(C).No.4731 OF 2021(N)

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 1st 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 JUDGE AS WP(C).No.4731 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF OTTOOR GRAMA PANCHAYATH DATED 5-11-2020

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF CHITTATTUKARA GRAMA PANCHAYATH DATED 5-11-2020

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS MOTHER DATED 2-11-2020

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS BROTHER DATED 2-11-2020

EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 3-12-2020

EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE DONOR DATED 3-12-2020

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE BROTHER OF THE DONOR DATED 3-12-2020

EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 22-2-2021

EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 22-2-2021