Abdulla Kunhi K.M vs The District Level Authorization ...
2021 Latest Caselaw 7306 Ker

WP(C).No.5088 OF 2021(I)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.5088 OF 2021(I)


PETITIONER/S:

      1         ABDULLA KUNHI K.M.
                AGED 40 YEARS
                S/O. MUHAMMED KUDROLI, KUDROLI HOUSE, UDMA PADINHAR
                P.O., KASARAGOD DISTRICT.

      2         JOYET MATHEW,
                AGED 27 YEARS
                D/O. MATHEW ATTAPPATTU, ATTAPPATTU HOUSE, ULIKKAL
                P.O. IRITTY TALUK, KANNUR 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,
                683 104, REPRESENTED BY ITS CHAIRMAN.

      2         THE CONVENER,LOCAL COMMITTEE OF ORGAN
                TRANSPLANTATION, MEDICAL TRUST HOSPITAL LIMITED,
                ERNAKULAM DISTRICT, 682 016.

      3         THE DEPUTY SUPERINTENDENT OF POLICE,
                IRITTY, IRITTY P.O. KANNUR DISTRICT 670 703.


OTHER PRESENT:

                SMT.VINITHA.B, GP,
                SRI.R.S.KALKURA,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5088 OF 2021(I)
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                                       JUDGMENT

Dated this the 2nd day of March 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 her kidney.

2. Petitioners submitted that though they submitted

Exts.P10 and P11 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

the donee, in accordance with the provisions contained in the

Act and Rules.

WP(C).No.5088 OF 2021(I)

Therefore, the writ petition is disposed of, with a

direction to the 2nd respondent to forward the applications

Exts.P9 and P10, 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 its receipt

from the 2nd respondent.

Sd/-

                                                      P.V.ASHA

rkc                                                     JUDGE
 WP(C).No.5088 OF 2021(I)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE CERTIFICATE ISSUED BY THE

MEDICAL OFFICER, GOVT. HOMEO DISPENSARY, UDUMA DATED 25.01.2021.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ULIKKAL GRAMA PANCHAYATH DATED 21.01.2021.

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY UDMA MLA DATED 18.01.2021.

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER MOTHER DATED 15.02.2021.

EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER FATHER DATED 15.02.2021.

EXHIBIT P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 10.02.2201.

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE PARENTS OF THE DONOR DATED 10.02.2021.

EXHIBIT P8 THE TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 10.02.201.

EXHIBIT P9 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 23.02.2021.

EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 10.02.2021.