Sajeev S vs The District Level Athorization ...
2021 Latest Caselaw 7475 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.5293 OF 2021(J)

PETITIONERS:

      1        SAJEEV S.
               AGED 50 YEARS
               S/O.SADANANDAN,
               THAIPARAMBIL HOUSE,
               ZACHARIA WARD,
               ALAPPUZHA BAZAR,
               ALAPPUZHA DISTRICT.

      2        BHAGYATHA P.B.
               AGED 31 YEARS
               W/O.SUDHISH,
               MUTHUPLAKKAL HOUSE,
               MUTHANMUDI, POTTENKAD P.O.,
               PALLIVASAL, IDUKKI DISTRICT

               BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

      1        THE DISTRICT LEVEL ATHORIZATION COMMITTEE
               FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
               ERNAKULAM MEDICAL COLLEGE HOSPTIAL, KALAMASSERY, PIN
               683 104, REP.BY ITS CHAIRMAN.

      2        THE CONVENER
               LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, AMRUTHA
               INSTITUTE OF MEDICAL SCIENCE (AMRUTHA HOSPITAL),
               PONEKKARA, AIMS P.O.,
               ERNAKULAM DISTRICT PIN 682 041.

      3        THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA,
               KATTAPPANA P.O.
               IDUKKI DISTRICT, PIN 685 508


               SMT.PRINCY XAVIER, GP, SC,SRI.K.MANOJ CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5293 OF 2021(J)            2




                                        .
                                 JUDGMENT

Dated this the 3rd day of March 2021

The 1st petitioner is undergoing the treatment for chronic

liver disease in Amrutha Institute of Medical Science and he is

advised to have liver transplantation at the earliest point of

time. It is stated that since the liver of the close relatives

of the 1st petitioner is not suitable for transplantation, the 2nd

petitioner has come forward to donate his liver.

2. Petitioners submitted that though they submitted

Ext.P9 application 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 liver 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 liver 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 application

Ext.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. As it is stated that liver transplantation

is required emergently, there shall be a further direction to

the 1st respondent to examine the said application 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,JUDGE rps

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE ISSUED BY THE ALAPPUZHA VILLAGE OFFICE DATED 24.6.2020

EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF HE PETITIONERS DATED 28.1.2021

EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 28.1.2021

EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY DEVIKULAM MLA DATED 28.1.2021

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINISTER FOR PUBLIC WORKS AND REGISTRATION DATED 10.2.2021

EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 12.2.2021

EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 12.2.2021

EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE DONOR AND HER HUSBAND DATED 12.2.2021

EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 12.2.2201

//TRUE COPY// PA TO JUDGE