Shallet Saiza vs The District Level Authorization ...
2021 Latest Caselaw 427 Ker

WP(C).No.10 OF 2021(A)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.10 OF 2021(A)


PETITIONER/S:

      1         SHALLET SAIZA
                AGED 55 YEARS
                W/O. JOSEPH SAIZA, SAIZA VILLA, MOOLAMKUZHI,
                MUNDAMVELI P.O, ERNAKULAM DISTRICT

      2         SOBHA K,
                AGED 43 YEARS
                W/O. AJI, R.A NIVAS, PERUMBAZHUTHOOR P.O,
                NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

      1         THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
                FORT 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,
                NEYYATTINKARA, NEYYATTINKARA P.O,
                THIRUVANANTHAPURAM DISTRICT, PIN 695 121


OTHER PRESENT:

                SMT.VINITHA.B,, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10 OF 2021(A)
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                                       JUDGMENT

Dated this the 6th day of January 2021

The 1st petitioner is a kidney patient undergoing treatment

in the Medical Trust Hospital, Ernakulam, for both her kidneys

and she is advised to have transplantation of kidney. It is

stated that since the kidneys of the close relatives of the 1 st

petitioner are not suitable for transplantation, the 2nd

petitioner has come forward to donate her 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. 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 kidney in such circumstances when the donor is not related to WP(C).No.10 OF 2021(A)

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 1 st 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

rkc                                                     JUDGE
 WP(C).No.10 OF 2021(A)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE CERTIFICATE ISSUED BY
                     K J MAXY, MLA DATED 18-09-2020

EXHIBIT P2           THE TRUE COPY OF THE CERTIFICATE ISSUED BY
                     THE     CHAIRPERSON    OF     NEYYATTINKARA
                     MUNICIPALITY DATED 11-09-2020

EXHIBIT P3           THE   TRUE  COPY  OF  THE  IDENTIFICATION

CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 9-9-2020

EXHIBIT P4 THE TRUE COPY OF THE IDEINTIFICATION CERTIFICATE OF THE DONOR AND HER DAUGHTER DATED 9-09-2020

EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 9-11-2020

EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 9-11-2020

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE DAUGHTER OF THE DONOR DATED 9-11-2020

EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020

EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020