Samad V. vs The District Level Authorization ...
2021 Latest Caselaw 10203 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 25TH DAY OF MARCH 2021/4TH CHAITHRA, 1943

                   WP(C).No.7374 OF 2021(V)


PETITIONERS:

     1       SAMAD V., S/O.HAMZA,
             AGED 42 YEARS, VAYAKKARENTAKATH HOUSE,
             AROLI P.O., PAPPINISSERY VILLAGE,
             KANNUR DISTRICT.

     2       SUDHEESH P.C., S/O.CHANDRAN,
             AGED 38 YEARS, POOTHOPARAMBIL HOUSE,
             MADAKKATHARA P.O., PULLANIKKAD,
             THRISSUR 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, MEDICAL TRUST HOSPITAL LTD.,
             ERNAKULAM DISTRICT, PIN- 682 016.

     3       THE ASSISTANT COMMISSIONER OF POLICE,
             THRISSUR, VELIYANNUR,
             THRISSUR DISTRICT, PIN - 680 001.

         R1&R3 BY SR.GOVERNMENT PLEADER SMT.DEEPA NARAYANAN
         R2 BY SRI R.S.KALKURA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.7374/2021
                                    :2 :



                            JUDGMENT

~~~~~~~~~

Dated this the 25th day of March, 2021

This writ petition is filed seeking the following

prayer :-

"Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext.P6 and Ext.P7 applications, 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

3rd respondent. It is submitted by the learned counsel for the

petitioners that the verification by the 3rd respondent is not a WP(C) No.7374/2021

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.P6 and Ext.P7 applications to the 1 st

respondent for consideration, at the earliest. The 1 st

respondent shall conduct all due verifications including by

reference to the 3rd 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.

Writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

aks/25.03.2021 WP(C) No.7374/2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT, PAPPINISSERY GRAMA PANCHAYATH DATED 12/3/2021.

EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 31/12/2020.

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS BROTHER DATED 31/12/2020.

EXHIBIT P4 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 15/3/2021.

EXHIBIT P5 THE TRUE COPY OF THE CONSENT OF THE WIFE AND BROTHER OF THE DONOR DATED 19/3/2021.

EXHIBIT P6 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 19/3/2021.

EXHIBIT P7 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 19/3/2021.

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