Rahiyanath vs State Of Kerala
2021 Latest Caselaw 18329 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                        WP(C) NO. 14084 OF 2021
PETITIONER/S:

     1     RAHIYANATH
           AGED 30 YEARS
           W/O.KANNAN,AKKANPARAMBIL HOUSE,
           PANTHIRAMPALA,PULLOOT.P.O,
           PULLOOT VILLAGE, KODUNAGALLOOR TALUK,
           THRISSUR DISTRICT,PIN-680663.

     2     ABDUL RASHEED,
           AGED 36 YEARS
           S/O.KUNHUMON.N,NALAKATH HOUSE,
           MUTTANUR.P.O, PURATHUR VILLAGE,
           TIRUR TALUK,MALAPPURAM DISTRICT,
           PIN-676561.

           BY ADVS.
           K.V.JAYADEEP MENON
           T.P.RAMESH (THENGUMPILLIL)
           P.KRISHNAPRIYA
           JINS.P.JOHN



RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           HEALTH DEPARTMENT,
           GOVERNMENT SECRETARAIT,
           THIRUVANANTHAPURAM,PIN-695001.

     2     THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
           TRANSPLANTATION,
           REPRESENTED BY ITS CHAIRMAN,THE PRINCIPAL,
           GOVERNMENT MEDICAL COLLEGE.P.O,THRISSUR,
           MEDICAL COLLEGE.P.O,THRISSUR DISTRICT,
           PIN-680596.

     3     THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION,
 WP(C) NO. 14084 OF 2021
                                  2



             REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
             DAYA GENERAL HOSPITAL LTD,
             NO.V/302 & 303,SHORNUR ROAD,
             NEAR VIYYUR BRIDGE,THIRUVAMBADI.P.O,
             THRISSUR DISTRICT,PIN-680022.

     4       THE DEPUTY SUPERINTENDENT OF POLICE
             KODUNGALLUR,THRISSUR DISTRICT,
             PIN-680669.


      SMT. DEEPA NARAYANAN, SR. GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14084 OF 2021
                                        3




               P.V.KUNHIKRISHNAN, J.
            ===================
              WP(C) No. 14084 OF 2021
            ===================
     Dated this the 7th day of September 2021


                            JUDGMENT

The above writ petition is filed with the following prayers;

" i. Declare that the 3rd respondent has no authority to call for a police verification report in an application submitted before the 2nd respondent, through the 3rd respondent as per Rule 10 of the Transplantation of Human Organs and Tissues Rules, 2014.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to consider Ext.P1 joint application at the earliest possible time and accord sanction to the petitioners for renal transplantation.

iii. Issue any other appropriate writ, order or direction as the case may be as this Hon'ble Court deems fit and necessary in the interest of justice.

iv. Award costs to the petitioner."

2. The grievance of the petitioner is that the

applications submitted by the petitioners jointly for the organ WP(C) NO. 14084 OF 2021

transplantation is not considered even now. It is submitted

that the 3rd respondent forwarded the same to the 4 th

respondent for police verification. The learned counsel

submitted that, police verification is not necessary in all

cases.

3. This point is considered by this Court in detail in

judgment dated 27.08.2021 in W.P.(C)No. 16216 of 2021.

Moreover, in Shoukath Ali Pullikuyil vs. the District Level

Authorization Committee (2017(2) KLT 1062) a division

bench of this Court observed that, even a police verification

report is not mandatory in all cases for taking a decision by

the Authorisation Committee. In the light of the same, the 3rd

respondent need not forward the application for police

verification. This Court already observed that, the application

submitted by the petitioners to 2nd respondent should be

considered by the authority concerned within one week from

the date of receipt of the same.

Therefore, this writ petition is disposed in the following WP(C) NO. 14084 OF 2021

manner;

1. The 3rd respondent will forward the application

submitted by the petitioners forthwith to the 2nd respondent,

at any rate within one week.

2. The 2nd respondent will consider the applications, if

the same is otherwise in order within one week from the date

of receipt of the application from the 3rd respondent.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 14084 OF 2021

APPENDIX OF WP(C) 14084/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM -3 DATED 9.02.2021 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES,2014 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 DATED 09.02.2021 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 DATED 09.02.2021 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT

Exhibit P4 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF PURATHUR GRAMA PANCHAYATH,DATED 10.02.2021 TO THE 3RD RESPONDENT.

Exhibit P5 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE MEMBER OF LEGISLATIVE ASSEMBLY,KODUNGALLUR CONSTITUENCY DATED 16.03.2021 TO THE 3RD RESPONDENT.

Exhibit P6 A TRUE PHOTOCOPY OF THE LETTER DATED 21.01.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT FOR POLICE REPORT.

             //   True Copy //        PA To Judge