Aboobacker Shahul Hameed vs The District Level Authorization ...
2021 Latest Caselaw 1868 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).NO.1094 OF 2021(J)


PETITIONERS:

      1        ABOOBACKER SHAHUL HAMEED
               AGED 57 YEARS
               S/O.ABOOBACKER, PANIKAVEETTIL KOTTILINGAL VEETTIL,
               ENGANDIYUR P.O., KUNDALIYOOR, THRISSUR DISTRICT.

      2        SHAJI K.S.,
               AGED 47 YEARS
               S/O. DEVASIA, KOLLUTHANAM SANTHI GRAMAM,
               PONKUNNAM, KOTTAYAM 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-682016.

      3        THE DEPUTY SUPERINTENDENT OF POLICE,
               KANJIRAPPALLY, PONKUNNAM P.O.,
               KOTTAYAM DISTRICT, PIN-686506.


OTHER PRESENT:

               SMT.VINITHA.B, GP
               SMT.R.K.KALKURA, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).NO.1094 OF 2021(J)



                                      2




                         J U D G M E N T

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 second

petitioner has come forward to donate his kidney.

2. Petitioners submitted that though they

submitted Exts.P10 & P11 applications along with all

documents, 2nd respondent is not taking any action.

3. Shri. R.K.Kalkura, learned counsel appearing

for the second respondent on instructions submits that

second respondent has not received the application or

the documents. It is also submitted that as and when

the applications along with all the documents are

received they will forward the same to the first WP(C).NO.1094 OF 2021(J)

respondent. The learned counsel for the petitioners

submit that the applications would be submitted along

with all documents 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

applications Exts.P10 and P11 to the 1 st respondent

along with all the documents within a period of three

days from the date of its receipt from the WP(C).NO.1094 OF 2021(J)

petitioners. There shall be a further direction to the

first respondent to examine the said 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 period of 'one month' from the date of receipt of a

copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).NO.1094 OF 2021(J)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE KANJIRAPPALLY MLA DATED 5.12.2020.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GURUVAYOOR MLA DATED 1.12.2020.

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ENGANDIYUR GRAMA PANCHAYATH DATED 22.10.2020.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 14.10.2020.

EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SON DATED 14.10.2020.

EXHIBIT P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 14.12.2020.

EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE DONOR DATED 14.12.2020.

EXHIBIT P8 THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF THE DONOR DATED 14.12.2020.

EXHIBIT P9 THE TRUE COPY OF THE CONSENT LETTER OF THE SON OF THE DONOR DATED 14.12.2020.

EXHIBIT P10 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020.

EXHIBIT P11 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020.