Anas A.P vs The District Level Authorization ...
2021 Latest Caselaw 428 Ker

WP(C).No.2 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.2 OF 2021(A)


PETITIONER/S:

      1         ANAS A.P.
                AGED 31 YEARS
                S/O BAPPUTTY,ATHAKKINTE PURAKKAL HOUSE,
                ALUNGAL BEACH,CHETTIPPADY,PARAPPANANGADI,
                MALAPPURAM DISTRICT.

      2         KUNJUMON,
                AGED 52 YEARS
                S/O.THOMAS,NEDUMBATTATHALIL KOYIPPALLY
                HOUSE,CHIRAKKADAVU,
                PONKUNNAM,KOTTAYAM DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

      1         THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
                FOR TRANSPLANTATION OF HUMAN
                ORGANS,ERNAKULAM,ERNAKULAM,ERNAKULAM MEDICAL
                COLLEGE HOSPITAL,
                KALAMASSERY,PIN-693104,REPRESENTED BY ITS CHAIRMAN.

      2         THE CONVENER,
                LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,MEDICAL
                TRUST HOSPITAL LTD,ERNAKULAM DISTRICT,PIN-681016.

      3         THE SUPERINTENDENT OF POLICE,
                KANJIRAPPALLY,PONKUNNAM.P.O,
                KOTTAYAM DISTRICT,PIN-686560.


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.2 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 his kidneys

and he 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 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. 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.2 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.2 OF 2021(A)




                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              THE TRUE COPY OF THE CERTIFICATE ISSUED BY

THE KANJIRAPPALY MLA DATED 20.9.2020.

EXHIBIT P2              THE TRUE COPY OF THE CERTIFICATE ISSUED BY
                        THE    CHAIRPERSON     OF     PARAPPANANGADI
                        MUNICIPALITY DATED 30.6.2020.

EXHIBIT P3              THE   TRUE  COPY   OF  THE   IDENTIFICATION

CERTIFICATE OF THE DONOR AND HIS WIFE DATED 15.6.2020.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SON DATED 15.06.2020.

EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 13.7.2020.

EXHIBIT P6 THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF DONOR DATED 13/7/2020

EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE SON OF DONOR DATED 13.7.2020

EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 05.10.2020

EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 28.9.2020.