Unnikrishnan Nair vs The District Level Authorization ...
2021 Latest Caselaw 19706 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                  WP(C) NO. 19383 OF 2021
PETITIONER/S:

    1     UNNIKRISHNAN NAIR,
          AGED 57 YEARS
          S/O.CHELLAPPAN PILLA, CHERIYATTOOR VEEDU,
          ANAPUZHAKKAL, ANCHAL P.O., KOLLAM DISTRICT.
    2     SHAMEER,
          AGED 37 YEARS,
          S/O.KASIM KUNJU, KASIM MANZIL, VADAKKUMTHALA
          P.O., KARUNAGAPPALLY, 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
          TRANSPLANATION,
          LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
          MARADU, NETTOOR P.O., ERNAKULAM, PIN-682 040.
    3     THE ASSISTANT COMMISSIONER OF POLICE,
          KARUNAGAPPALLY,
          KARUNAGAPPALLY P.O., KOLLAM DISTRICT, PIN-690
          518.
          BY ADVS.
          P.BENNY THOMAS
          D.PREM KAMATH
          TOM THOMAS (KAKKUZHIYIL)
 W.P.(C) No.19383 of 2021           2


             ABEL TOM BENNY
             JYOTHISH KRISHNA
             AHAMMAD SACHIN K.
             KURIAN OOMMEN THERAKATH
             JAIKRISHNAN.M.PISHARODI
             SMT.PRINCY XAVIER, SR.GP




      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   17.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19383 of 2021               3




                    W.P.(C) No.19383 of 2021
               -----------------------------------------------
                             JUDGMENT

The grievance of the petitioners in the writ petition

concerns the delay on the part of the respondents in dealing

with the applications preferred by the petitioners seeking

permission for organ transplantation in terms of the provisions

contained in the Transplantation of Human Organs and Tissues

Act, 1994. It is alleged by the petitioners that the applications

preferred by the petitioners which have been submitted before

the second respondent to be forwarded to the first respondent

for appropriate decision are not being forwarded by the second

respondent to the first respondent.

2. The learned counsel for the second

respondent, on instructions, pointed out that the second

respondent has received an adverse report from the third

respondent and it is on account of the said reason that the

applications were not forwarded by them to the first

respondent.

3. Heard the learned counsel for the petitioners,

the learned Government Pleader as also the learned counsel for

the second respondent.

4. In terms of the provisions of the Act aforesaid,

a decision on the applications in the nature of one preferred by

the petitioners is to be taken by the first respondent.

In the said view of the matter, I deem it appropriate

to dispose of the writ petition directing the second respondent

to forward the applications submitted by the petitioners along

with the relevant documents and also the report of the third

respondent to the first respondent. Ordered accordingly. This

shall be done within a week from today. Needless to say that

on receipt of the documents and applications from the second

respondent, the first respondent shall take a decision, after

affording the petitioners an opportunity of hearing, within two

weeks thereafter.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 19383/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REQUEST OF THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.08.2021.

Exhibit P2 THE TRUE COPY OF THE CONSENT ISSUED BY THE 2ND PETITIONER DATED 11.08.2021. Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS MOTHER DATED 09.07.2021.

Exhibit P4 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE DONOR DATED 11.08.2021. Exhibit P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 09.07.2021.

Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE WIFE OF THE DONOR DATED 11.08.2021.

Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 11.08.2021.

Exhibit P8 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONERS DATED 11.08.2021.

Exhibit P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 11.08.2021.