Musthafa K.P vs The District Level Authorization ...
2022 Latest Caselaw 4194 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                         WP(C) NO. 12842 OF 2022
PETITIONERS:

     1        MUSTHAFA K.P
              AGED 62 YEARS
              S/O. KUNHALAN KOLAKKADEN
              SHAMNAS, THIRUVANNUR NADA, PANNIYANKARA,
              KOZHIKODE DISTRICT,, PIN - 673029
     2        JOHNLY C
              AGED 40 YEARS
              S/O. CHERIYAN,CHARAKKATTU THIRUVIZHA, ARTHUNKAL P.O.,
              CHERTHALA, ALAPPUZHA DISTRICT,, PIN - 688530
              BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

     1        THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
              TRANSPLANTATION OF HUMAN ORGANS
              ERNAKULAM,
              ERNAKULAM MEDICAL COLLEGE HOSPITAL,KALAMASSERY,
              REPRESENTED BY ITS CHAIRMAN., PIN - 683104
     2        THE CONVENER
              LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
              LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
              MARADU, NETTOOR P.O., ERNAKULAM DISTRICT, PIN - 682040
     3        THE DEPUTY SUPERINTENDENT OF POLICE
              CHERTHALA, KODATHIKAVALA, CHERTHALA P.O,
              ALAPPUZHA DISTRICT, PIN - 688524


              SMT.PARVATHY KOTTOL GP
              SRI. P. BENNY THOMAS, R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12842 OF 2022

                                   2




                              JUDGMENT

Dated this the 7th day of April, 2022

This writ petition is filed seeking the following relief:-

"Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P6 and P7 applications, within a time stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioners, the

learned Government Pleader appearing for respondents 1 and

3 and the learned counsel for the 2nd respondent.

3. It is submitted by the learned counsel for the

petitioners that though an application had been preferred

before the 2nd respondent for effecting an unrelated kidney

transplant, it has not been forwarded by the 2nd respondent on

the ground that it is not accompanied by a Certificate from the

3rd respondent. It is submitted by the learned counsel for the

petitioners that the verification by the 3 rd respondent is not a WP(C) NO. 12842 OF 2022

condition precedent for forwarding of the application and the

1st respondent, who is the Authority under the enactment, can

call for reports from the 3rd respondent, if required.

4. The learned counsel for the 2 nd respondent submits

that the petitioners have not submitted application with

supporting documents to the 2nd respondent. The counsel for

the petitioners, however, refuted the said contention and

states that though the application was submitted, the officials

under the 2nd respondent refused to accept the application in

the absence of a court order.

5. Having considered the contentions advanced and

having heard the learned counsel appearing on either side, I

am of the opinion that the application preferred by the

petitioners is liable to be considered expeditiously by the 1st

respondent in accordance with law.

6. Accordingly, there will be a direction to the 2 nd

respondent to forward Exts. P6 and P7 applications to the 1st

respondent for consideration, at the earliest, if the petitioners WP(C) NO. 12842 OF 2022

resubmit the same with supporting documents. The 1st

respondent shall conduct all due verifications including by

reference to the 3rd respondent, if found necessary, and shall

pass appropriate orders after considering all relevant aspects

of the matter. Orders shall be passed within a period of three

weeks from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 12842 OF 2022

APPENDIX OF WP(C) 12842/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS WIFE DATED 17.02.2022 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS BROTHER DATED 17.02.2022 Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 30.03.2022 Exhibit P4 THE TRUE COPY OF THE CONSENT OF THE 2NDPETITIONER ALONG WITH HIS WIFE AND BROTHER DATED 30.03.2022 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT CUM DECLARATION OF THE 2ND PETITIONER DATED 05.04.2022 Exhibit P6 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 30.03.2022 Exhibit P7 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 30.03.2022

RESPONDENT'S EXHIBITS NIL