Ashraf Thayyil vs The District Level Authorization ...
2021 Latest Caselaw 10623 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.7899 OF 2021(J)


PETITIONER/S:

      1         ASHRAF THAYYIL
                AGED 46 YEARS
                S/O AMMAD,
                KUMMANKODE, NADAPURAM,
                KOZHIKODE DISTRICT.

      2         BINEETHA R.
                AGED 34 YEARS
                D/O UNNI,
                VADAKKEVILA VEEDU, KURUMPAKARA P.O, PATHANAPURAM,
                ADOOR, PATHANAMTHITTA DISTRICT.

                BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENT/S:

      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,
                ADOOR,
                PATHANAMTHITTA DISTRICT, PIN-691523.



                SMT.PRINCY XAVIER, GP,
                SRI.R.S.KALKURA,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7899 OF 2021(J)             2

                              JUDGMENT

Dated this the 29th day of March 2021

The 1st petitioner is undergoing the

treatment for kidney disease in Medical Trust

Hospital, Ernakulam and he is advised to have

kidney transplantation at the earliest point of

time. It is stated that since the kidney of the

close relatives of the 1st petitioner is not

suitable for transplantation, the 2nd petitioner

has come forward to donate her kidney.

2. Petitioners submitted that though they

submitted Exts.P4 and P5 applications along with

all documents before the 2nd respondent, the same

is not forwarded.

3. Sri.R.S.Kalkura, 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 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.P4 and P5, as soon as it

is received, to the 1st respondent along with all

the documents within a period of three days from

the date of its receipt. As it is stated that

liver transplantation is required emergently,

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 two weeks from the date of receipt of

a copy of the judgment.

Sd/-

                                                P.V.ASHA
RPS/                                              JUDGE


                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE IDENTIFICATION

CERTIFICATE OF THE DONOR AND HER BROTHER DATED 1.3.2021.

EXHIBIT P2 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 1.3.2021.

EXHIBIT P3 THE TRUE COPY OF THE CONSENT OF THE MOTHER AND BROTHER OF THE DONOR DATED 3.3.2021.

EXHIBIT P4 THE TRUE COPY OF THE FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 3.3.2021.

EXHIBIT P5 THE TRUE COPY OF THE FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 1.3.2021.