Hashim Manjandiyil vs The District Level Authorization ...
2021 Latest Caselaw 21762 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                 WP(C) NO. 23592 OF 2021
PETITIONERS:

    1    HASHIM MANJANDIYIL,
         AGED 43 YEARS
         S/O. V.P. MUHAMMED HAJI, DARUSSALAM,
         THANDAPPURAM, CHEKKIKULAM P.O., THALIPARAMBA,
         KANNUR DISTRICT.
    2    KISHORE KUMAR G.,
         AGED 29 YEARS
         S/O. GOPALAKRISHNAN NAIR, CHARUVILA VEEDU,
         KOONAYIL, NEDUNGOLAM, MEENAD P.O.,
         KOLLAM DISTRICT.

         BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1    THE DISTRICT LEVEL AUTHORIZATION COMMITTEE,
         FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
         ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY-
         683104, REPRESENTED BY ITS CHAIRMAN.
    2    THE CONVENER,
         LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL
         TRUST HOSPITAL LIMITED, ERNAKULAM DISTRICT-
         682016.
    3    THE ASSISTANT COMMISSIONER OF POLICE,
         CHATHANNUR, CHATHANNUR P.O., KOLLAM DISTRICT-
         691572.


         BY SMT.VINITHA B, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION    (CIVIL) HAVING COME UP        FOR
ADMISSION ON 02.11.2021,   THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.23592/2021
                                    :2 :




                           JUDGMENT

~~~~~~~~~

Dated this the 2nd day of November, 2021

The 1st petitioner is a kidney patient. The 2 nd

petitioner proposes to donate his kidney to the 1 st petitioner.

Petitioners 1 and 2 have filed this writ petition seeking to direct

respondents 1 and 2 to take immediate and effective steps for

approval of unrelated kidney transplantation as per Exts.P8

and P9 applications, within a stipulated time.

2. The petitioners submitted that though an

application was submitted to the 2nd respondent, who is the

Convener of Local Committee of Organ Transplantation, the

application is not forwarded to the competent authority,

namely the 1st respondent-District Level Authorisation

Committee.

3. On receiving notice, the 2nd respondent appeared

through counsel and submitted that Exts.P8 and P9 WP(C) No.23592/2021

applications were not accompanied with the supporting

documents and that is the reason why the 2 nd respondent

could not forward the same to the competent authority.

4. The learned counsel for the petitioners pointed out

that all the requisite documents form part of this writ petition

except the police verification report.

5. Heard the learned counsel for the petitioners and

the learned Government Pleader representing the

respondents.

6. The issue involved is transplantation of kidney of

the 1st petitioner. Such request need to be considered with

promptitude and expedition. In such circumstances, this Court

is of the view that the writ petition can be disposed of giving

appropriate directions.

Accordingly, the writ petition is disposed of directing

the petitioners to submit to the 2 nd respondent-Convener of the

Local Committee of Organ Transplantation all requisite

documents in support of Exts.P8 and P9. If the 2 nd respondent

receives those documents, the 2nd respondent shall forward WP(C) No.23592/2021

the applications and supporting documents to the 1 st

respondent within a period of four days. It is made clear that

since the 1st respondent has power to obtain police verification

certificate, even if the petitioners fail to produce the police

verification certificate before the 2 nd respondent, the 2nd

respondent shall forward the applications and supporting

documents submitted by the petitioners to the 1 st respondent.

The 1st respondent shall pass an order within three weeks

from the date of receipt of the application and supporting

documents forwarded by the 2nd respondent.

Sd/-

N. NAGARESH, JUDGE

aks/02.11.2021 WP(C) No.23592/2021

APPENDIX OF WP(C) 23592/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRIMARY HEALTH CENTRE, KUTTIYATTOOR DATED 13/07/2021.

Exhibit P2            THE TRUE COPY OF THE CERTIFICATE ISSUED
                      BY     THE   PRESIDENT     OF    PARAVUR
                      MUNICIPALITY DATED 07/09/2021.
Exhibit P3            THE TRUE COPY OF TH IDENTIFICATION

CERTIFICATE OF THE DONOR AND HIS MOTHER DATED 04/10/2021.

Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SISTER DATED 04/10/2021.

Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 04/08/2021. Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 04/08/2021.

Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE MOTHER AND SISTER OF THE DONOR DATED 11/08/2021.

Exhibit P8 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 11/08/2021.

Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 11/08/2021.