Ajayakumar Kozhithody vs The District Level Authorization ...
2021 Latest Caselaw 201 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                WP(C).No.29143 OF 2020(P)

PETITIONERS:

     1     AJAYAKUMAR KOZHITHODY
           AGED 60 YEARS
           S/O.PANCHARATH SANKAR,SANTHOS
           BHAVAN,SREEKRISHNAPURAM,
           PALAKKAD DISTRICT.

     2     SHEFEEK.S,
           AGED 48 YEARS
           S/O.SUBAIDA BEEVI,MUGSINA MANZIL,
           NADUKUNNU,PATHANAPURAM.P.O,
           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-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,
           PUNALUR,CHEMMANTHOOR,PUNALUR,
           KOLLAM DISTRICT,PIN-691305.

           GOVT. PLEADER SMT. RASHMI K.M.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.29143/2020
                                    :2 :



                            JUDGMENT

~~~~~~~~~

Dated this the 5th day of January, 2021

This writ petition is filed seeking the following

prayer :-

"Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext.P9 application, within a time stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader appearing for respondents 1

and 3.

3. It is submitted by the learned counsel for the

petitioners that though an application had been preferred before

the 2nd respondent for effecting an unrelated kidney transplant,

it has not been forwarded by the 2 nd respondent on the ground

that it is not accompanied by a Certificate from the 3 rd

respondent. It is submitted by the learned counsel for the

petitioners that the verification by the 3 rd respondent is not a WP(C) No.29143/2020

condition precedent for the forwarding of the application and the

1st respondent, who is the Authority under the enactment can

call for reports of the 3rd respondent, if required.

4. Having considered the contentions advanced and

having heard the learned counsel appearing on either side, I

am of the opinion that the application preferred by the petitioner

is liable to be considered by the 1 st respondent in accordance

with law.

5. Accordingly, there will be a direction to the 2 nd

respondent to forward Ext.P9 application to the 1 st respondent

for consideration, at the earliest. The 1 st respondent shall

conduct all due verifications including by reference to the 3 rd

respondent, if found necessary, and shall pass appropriate

orders after considering all relevant aspects of the matter.

Orders shall be passed within a period of three weeks from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

N. NAGARESH, JUDGE aks/06.01.2021 WP(C) No.29143/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 17.12.2020

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESINDENT OF SREEKRISHNAPURAM GRAMA PANCHAYATH DATED 10.11.2020.

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 21.12.2020.

EXHIBIT P4            THE TRUE COPY OF THE IDENTIFICATION
                      CERTIFICATE OF    THE DONOR AND HIS
                      DAUGHTER DATED 21.12.2020.

EXHIBIT P5            THE TREU COPY OF THE JOINT AFFIDAVIT OF

THE PETITIONERS DATED 18.12.2020.

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 18.12.2020

EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 18.12.2020

EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE WIFE AND DAUGHTER OF THE DONOR DATED 23.12.2020

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 23.12.2020.