Nazer K vs The State Of Kerala
2021 Latest Caselaw 7954 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       WP(C).No.5681 OF 2021(I)

PETITIONERS:
      1        NAZER K
               AGED 43 YEARS
               S/O MOOSA,
               VARIYANGAL HOUSE, NADUVANNUR P.O.,
               KOZHIKODE DISTRICT, PIN-673614.
      2        JOEMON
               AGED 28 YEARS
               S/O JOSE, EDASSERI HOUSE,
               NEAR VAYANASALA, MANALUR VILLAGE,
               MANALUR P.O., THRISSUR TALUK,
               THRISSUR DISTRICT, PIN-680617.
               BY ADVS.
               SRI.K.V.JAYADEEP MENON
               SRI.T.P.RAMESH (THENGUMPILLIL)
               SMT.P.KRISHNAPRIYA
RESPONDENTS:
      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM, PIN-
               695001.
      2        THE DISTRICT LEVEL AUTHORISATION
               COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY
               ITS CHAIRMAN, THE PRINCIPAL,
               GOVERNMENT MEDICAL COLLEGE, THRISSUR, M.G.KAVU,
               MEDICAL COLLEGE.P.O.,
               THRISSUR DISTRICT, PIN-680596.
      3        THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
               REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, WEST
               FORT HI-TECH HOSPITAL LTD, P.B.NO. 930, PUMKUNNAM,
               THRISSUR, PIN-680002.
      4        THE DEPUTY SUPERINTENDENT OF POLICE
               IRINGALAKKUDA,
               IRINGALAKKUDA NORTH,
               THRISSUR DISTRICT, PIN-680125.

               ADV.SMT.PRINCY XAVIER, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5681 OF 2021(I)

                                       2


                                JUDGMENT

Dated this the 08th day of March 2021

The 1st petitioner is a kidney patient

undergoing treatment in West Fort Hi-Tech

Hospital Ltd., Thrissur, 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 1st petitioner are

not available for transplantation, the 2nd

petitioner has come forward to donate his

kidney.

2. The petitioners submitted that though

they have submitted Exts.P1 and P2 applications

along with all the documents before the 3rd

respondent, the same is not forwarded.

3. Though notice has been sent to the 3rd

respondent by e-mail and the learned counsel

has filed a memo regarding the service of the

said notice through e-mail, there is no WP(C).No.5681 OF 2021(I)

representation for the 3rd respondent.

4. In case the 3rd respondent receives the

application along with all the requisite

documents, the 3rd respondent need not wait for

the report of the 4th respondent, to forward the

same.

5. The Transplantation of kidney from

unrelated donors is 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 application 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 3rd respondent to WP(C).No.5681 OF 2021(I)

forward the applications Exts.P1 and P2, as

soon as it is received, to the 2 nd 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 2nd

respondent to examine the said application

along with relevant documents after obtaining a

report from the 4th 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 JUDGE DM WP(C).No.5681 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM-3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 03.12.2020 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT.

EXHIBIT P2 A TRUE PHOTOCOPY APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM LIVING DONOR UNDER FORM 11 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT.

   EXHIBIT P3         A   TRUE  PHOTOCOPY   OF   THE  JOINT
                      AFFIDAVIT     SUBMITTED     BY     THE

PETITIONERS TO THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 11.01.2021 ISSUED BY THE PRESIDENT OF MANALUR GRAMA PANCHAYATH, KANDASSANKADAVU TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF NADUVANNUR GRAMA PANCHAYATH, KOZHIKODE TO THE 3RD RESPONDENT.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DATED 16.12.2020 ISSUED BY THE 3RD RESPONDENT FOR VERIFICATION CERTIFICATE TO THE 4TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE