Kerala High Court
Melbin K.B vs The District Level Authorization ... on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 25TH DAY OF JANUARY 2022/5TH MAGHA, 1943
WP(C) NO. 2196 OF 2022
PETITIONERS:
1 MELBIN K.B., AGED 31 YEARS,
S/O.BABY K.M., KUMBALAM PUZHAYIL HOUSE,
KALIYARODE P.O., PANGARAPPALLY,
THRISSUR DISTRICT, PIN - 680 586.
2 VINEESH, AGED 38 YEARS,
S/O.SREENIVASAN, MAHATHMA HOUSING COLONY,
PANACHAVADU JUNCTION, KAPPAKADA,
PUNNAPRA, ALAPPUZHA DISTRICT, PIN - 688 004.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
ERNAKULAM MEDICAL COLLEGE HOSPITAL,
KALAMASSERY, PIN - 683 014,
REPRESENTED BY ITS CHAIRMAN.
2 THE CONVENER,
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
RAJAGIRI HOSPITAL, CHUNANGAMVELY, ALUVA,
ERNAKULAM DISTRICT, PIN - 683 112.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
AMBALAPPUZHA, AMBALAPPUZHA P.O.,
ALAPPUZHA DISTRICT, PIN - 688 561.
BY ADVS.
R1-R3 SMT.PARVATHY KOTTOL, G.P.
R2 SRI.THOMAS J.ANAKKALLUNKAL
R2 SRI.ABISHEK JOHNY
R2 SRI.NIRMAL CHERIYAN VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.2196/2022
2
JUDGMENT
Dated this the 25th day of January, 2022
The petitioners are before this Court seeking to direct
respondents 1 and 2 to take immediate steps to issue
approval for unrelated kidney transplantation as per Exts.P8
and P9 applications, within a time stipulated by this Court.
2. The 1st petitioner states that he is undergoing
treatment for Kidney problem at Rajagiri Hospital, Aluva.
The 1st petitioner was advised to transplant his kidney
immediately. Since the kidneys of the close relatives are not
suitable, the 2nd petitioner had come forward expressing
willingness to donate his kidney to the 1st petitioner.
3. Thereupon, the petitioners approached the 2 nd
respondent to get approval from the 1 st respondent and
submitted Exts.P8 and P9 applications along with necessary
documents. The petitioners state that the applications
WP(C)No.2196/2022
submitted are being not forwarded by the 2nd respondent to
the 1st respondent on the ground that Police Clearance
Certificate is not received.
4. The learned counsel for the 2nd respondent
entered appearance and submitted that the 2 nd respondent
has not received the so-called applications along with
necessary documents. If the petitioners submit applications
along with supporting documents, the 2 nd respondent can
forward it to the 1st respondent after making preliminary
scrutiny, within a period of 24 hours.
5. The learned counsel for the petitioners, on the
other hand, submits that the petitioners had tendered
necessary applications and documents, but the officers
under the 2nd respondent were not willing to accept the
application without a Court order.
6. I have heard the learned counsel for the
petitioners, the learned counsel for the 2 nd respondent and
WP(C)No.2196/2022
the learned Government Pleader representing respondents 1
and 3.
7. After hearing the parties, it emerges that the 1 st
petitioner has to undergo kidney transplantation at the
earliest. The 2nd petitioner has come forward to donate his
kidney. Exts.P8 and P9 are the applications of the
petitioners for facilitating organ transplantation. Whatever be
the reasons for not forwarding such applications to the 1 st
respondent, the matter being of emergency medical nature,
if the 2nd respondent receives the applications, the 2nd
respondent has to process it and forward to the 1 st
respondent.
8. It is submitted by the learned counsel for the
petitioners that the verification by the 3 rd respondent is not a
condition precedent for forwarding of the applications and
the 1st respondent, who is the Authority under the enactment,
can call for reports from the 3rd respondent, if required.
WP(C)No.2196/2022
9. Having considered the contentions advanced and
having heard the learned counsel appearing on either side, I
am of the opinion that the applications preferred by the
petitioners are liable to be considered expeditiously by the 1 st
respondent in accordance with law.
10. Accordingly, there will be a direction to the 2 nd
respondent to forward Exts.P8 and P9 applications to the 1 st
respondent for consideration expeditiously, if the petitioners
submit the same along with necessary documents. The 1 st
respondent shall conduct all due verification 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.
The writ petition is disposed of as above.
N. NAGARESH
JUDGE
ncd/25.01.2022
WP(C)No.2196/2022
APPENDIX OF WP(C) 2196/2022
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONERS DATED
10.12.2021
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HIS MOTHER DATED 30.12.2021
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HIS WIFE DATED 30.12.2021
Exhibit P4 THE TRUE COPY OF THE JOINT AFFIDAVIT
OF THE PETITIONERS AND THE WIFE OF
THE SECOND PETITIONER DATED
17.01.2022
Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE
2ND PETITIONER DATED 17.01.2022
Exhibit P6 THE TRUE COPY OF THE CERTIFICATE
ISSUED BY K.K. MURALEEDHARAN DATED
312.12.2021
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE
ISSUED BY THE PRESIDENT OF
KUTHIYATHODU GRAMA PANCHAYATH DATED
31.12.2021
Exhibit P8 THE TRUE COPY OF FORM 11 APPLICATION
SUBMITTED BY THE PETITIONERS DATED
18.01.2022
Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION
SUBMITTED BY THE PETITIONERS DATED
18.01.2022
