Faisal Abdul Kader vs The District Level Authorization ...
2021 Latest Caselaw 1138 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                         WP(C).No.631 OF 2021


PETITIONERS:

      1        FAISAL ABDUL KADER,
               AGED 45 YEARS,
               S/O.ABDUL KADER, VIRALIPURATH (H), MOOKUTHALA,
               NANNAMUKKU P.O., PONNANI TALUK,
               MALAPPURAM DISTRICT.

      2        MAHESH MADHAVAN,
               AGED 35 YEARS,
               S/O.MADHAVAN, TSUNAMI FLAT, HOUSE NO.71, FLAT NO.9,
               PUKKULAM, PARAVUR, KOLLAM 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
               - 683 104, REPRESENTED BY ITS CHAIRMAN.

      2        THE CONVENER,
               LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
               LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
               MARADU, NETTUR P.O., ERNAKULAM, PIN - 682 040.

      3        THE ASSISTANT COMMISSIONER OF POLICE,
               CHATHANNOOR, CHATHANNOOR P.O.,
               KOLLAM DISTRICT, PIN - 691 572.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
                       SRI.BENNY.P.THOMAS, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.631 OF 2021(D)

                                    2



                             JUDGMENT

The 1st petitioner is a kidney patient

undergoing treatment in the VPS Lakeshore 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 second petitioner has come

forward to donate his kidney.

2. Petitioners submitted that though they

submitted Exts.P10 and P11 applications along with

all documents before the 2nd respondent, the same is

not forwarded.

3. Sri. Benny P. Thomas, learned Standing

Counsel for the 2nd respondent, submitted that the

application along with the documents are not

received from the petitioners. The learned counsel

for the petitioner submits that the same would be WP(C).No.631 OF 2021(D)

submitted today itself.

4. The transplantation of kidney from

unrelated donors is 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 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 application, which would be submitted by the

petitioners along with all the documents, for

consideration of 1st respondent within a period of

three days. There shall be a further direction to

the first respondent to examine the said WP(C).No.631 OF 2021(D)

application 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

further period of one month from the date of its

receipt from the second respondent.

Sd/-

P.V.ASHA, JUDGE

ww WP(C).No.631 OF 2021(D)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 4.1.2021.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.P.SREERAMAKRISHNAN, MLA DATED 1.12.2020.

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 21.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 9.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS MOTHER DATED 9.12.2020.

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 4.1.2021.

EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE DONOR DATED 4.1.2021.

EXHIBIT P8 THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF THE DONOR DATED 4.1.2021.

EXHIBIT P9 THE TRUE COPY OF THE CONSENT LETTER OF THE MOTHER OF THE DONOR DATED 4.1.2021.

EXHIBIT P10 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONERS DATED 6.1.2021.

EXHIBIT P11 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 6.1.2021.