Gangadevi vs The District Level Authorization ...
2021 Latest Caselaw 8555 Ker

WP(C).No.6218 OF 2021(B)
                                     1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6218 OF 2021(B)


PETITIONER/S:

      1         GANGADEVI
                AGED 55 YEARS
                W/O. SETHUNATHAN PILLAI, 'SAUPARNIKA',
                ANANTHAPALLY, ADOOR, PATHANAMTHITTA DISTRICT

      2         BINDU.S.,AGED 48 YEARS, W/O. SUNDARESAN.P.,VAYALIL
                PUTHEN VEEDU, THAZHATHUCHERRY, KOOTTIKADA P.O.,
                MAYYANAD, KOLLAM 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-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 ASSITANT COMMISSIONER OF POLICE,
                KOLLAM, MUNDAKKAL, KOLLAM DISTRICT,PIN-691 001


OTHER PRESENT:

                SRI.R.S.KALKURA,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6218 OF 2021(B)
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                                           JUDGMENT

Dated this the 15th day of March 2021

The 1st petitioner is a kidney patient undergoing treatment

in the Medical Trust Hospital, Ernakulam, for both her kidneys

and she 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

Ext.P9 application along with all documents before the 2nd

respondent, the same is not forwarded.

3. The learned Counsel for the 2nd respondent,

Adv.R.S.Kalkura, 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 1 st

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 WP(C).No.6218 OF 2021(B)

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

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. 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 receipt of a

copy of the judgment.

Sd/-

                                                            P.V.ASHA

rkc                                                           JUDGE
 WP(C).No.6218 OF 2021(B)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE CERTIFICATE ISSUED BY

DR.JINESH J.S, PHYSICIAN DATED 2.2.2021

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF MAYYANAD GRAMA PANCHAYATH DATED 1.3.2021

EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHAIRMAN OF ADOOR MUNICIPALITY DATED 2.3.2021

EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 26.2.2021

EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER SISTER DATED 1.3.2021

EXHIBIT P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 8.2.2021

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE DONOR, HER HUSBAND AND SISTER DATED 15.2.2021

EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 15.2.2021

EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 15.2.2021