Dileep vs State Of Kerala
2021 Latest Caselaw 9110 Ker

WP(C).No.6762 OF 2021(U)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.6762 OF 2021(U)


PETITIONER/S:

      1         DILEEP
                AGED 40 YEARS
                S/O. RAJU, PUTHUVAL HOUSE, AMBALAPUZHA P.O.
                ALAPPUZHA DISTRICT 688 561.

      2         FOUSIYA,
                AGED 31 YEARS
                W/O. MOHAMMED NAZAR, ATHIYATHIL KARATTIL HOUSE,
                MAVUMKUNNU, TIRUR, MALAPPURAM 676 101.

                BY ADVS.
                SRI.K.V.JAYADEEP MENON
                SRI.T.P.RAMESH (THENGUMPILLIL)
                SMT.P.KRISHNAPRIYA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2         THE ZONAL AUTHORISATION COMMITTEE FOR HUMAN ORGAN
                TRANSPLANTATION , REPRESENTED BY ITS CHAIRMAN,
                CENTRAL ZONE, GOVERNMENT MEDICAL COLLEGE,
                KALAMASSERRY P.O. ERNAKULAM, DISTRICT 683 104.

      3         THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
                REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, VPS
                LAKESHORE HOSPITAL REPRESENTED BY ITS MEDICAL
                DIRECTOR, XVI/612, MARADU, NETTOOR P.O. , KOCHI,
                ERNAKULAM DISTRICT 682 040.

      4         THE DEPUTY SUPERINTENDENT OF POLICE,
                ST MARYS SCHOOL RD, KODATHIKAVALA, CHERTHALA,
                ALAPPUZHA DISTRICT 688 524.

                ADV. SRI.P.BENNY THOMAS
                ADV. SRI.D.PREM KAMATH
 WP(C).No.6762 OF 2021(U)
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             ADV.   SRI.TOM THOMAS (KAKKUZHIYIL)
             ADV.   SHRI.ABEL TOM BENNY
             ADV.   SHRI.JYOTHISH KRISHNA
             ADV.   SHRI.AHAMMAD SACHIN K.
             ADV.   SHRI.JAIKRISHNAN.M.PISHARODI
             ADV.   SMT.SRUTHY J. MAMPILLY
             ADV.   SHRI.KURIAN OOMMEN THERAKATH

OTHER PRESENT:

             SMT.REKHA.C.NAIR, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6762 OF 2021(U)
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                                  JUDGMENT

Dated this the 18th day of March 2021

The 2nd petitioner is a patient suffering from chronic liver disease

undergoing treatment in the VPS Lakeshore Hospital, Ernakulam. It is stated

that she is advised to have liver transplantation immediately. In the absence

of any of her relatives suitable for liver transplantation, the 1 st petitioner has

come forward to donate his liver.

2. Petitioners submit that they have already submitted joint

applications-Exts.P1 and P2 along with all documents before the 3 rd

respondent; but the 3rd respondent has not taken any action awaiting the

report of the 2nd respondent.

3. Sri.Benny Thomas, the learned Counsel for the 3 rd 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 2nd 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 2 nd respondent is

the authority constituted for examining the applications for transplantation

of organs 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.6762 OF 2021(U)

Therefore, the writ petition is disposed of, with a direction to the 3 rd

respondent to forward the applications 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 2 nd

respondent to examine the said applications along with relevant documents

after obtaining a report from the 4 th 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 the application

along with documents from the 3rd respondent.

Sd/-

                                                    P.V.ASHA

rps                                                   JUDGE
 WP(C).No.6762 OF 2021(U)




                           APPENDIX
PETITIONER'S/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 10.03.2021 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, 214 SUMMITED BY THE PETITIONERS TO THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE JOINT AFFIDAVIT DATED 10.03.21 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE CONSENT LETTER DATED 10.03.2021 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE CONSENT LETTER DATED 10.03.2021 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER SEND BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT FOR VERIFICATION REPROT.