Siju P. R vs The State Of Kerala
2022 Latest Caselaw 206 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                        WP(C) NO. 372 OF 2022
PETITIONER:

          SIJU P.R.,
          AGED 43 YEARS,
          W/O. SURESH K.S.,
          KOTTIYATTIL HOUSE, PUZHUVIL,
          KURUMPILAVU P.O., KURUMPILAVU VILLAGE,
          THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680 564.

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


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,
          HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE ZONAL AUTHORIZATION COMMITTEE FOR HUMAN ORGAN
          TRANSPLANTATION,
          REPRESENTED BY ITS CHAIRMAN,
          CENTRAL ZONE, GOVERNMENT MEDICAL COLLEGE,
          KALAMASSERY P.O.,
          ERNAKULAM DISTRICT, PIN - 683 104.

    3     THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
          REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
          VPS LAKESHORE HOSPITAL,
          REPRESENTED BY ITS MEDICAL DIRECTOR,
          XVI/612, MARADU, NETTOOR P.O.,
          KOCHI, ERNAKULAM DISTRICT, PIN - 682040.

          BY ADVS.
          P.BENNY THOMAS
          D.PREM KAMATH
          TOM THOMAS (KAKKUZHIYIL)
          ABEL TOM BENNY
 WP(C).No.372/2022

                               2


          JYOTHISH KRISHNA
          KURIAN OOMMEN THERAKATH
          SRUTHY J. MAMPILLY
          JAIKRISHNAN.M.PISHARODI
          SRI. R.S.KALKURA, APPEARS FOR R3
          SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.372/2022

                                 3




                          JUDGMENT

Dated this the 11th day of January, 2022

The petitioner is aggrieved by the non-consideration

of the joint application submitted by the petitioner along with

the patient/recipient for organ transplantation due to the

inaction of the 3rd respondent. The petitioner seeks to declare

that the 3rd respondent has no authority to call for a police

verification report in an application submitted before the 2 nd

respondent through the 3rd respondent as per Rule 10 of the

Transplantation of Human Organs and Tissues Rules, 2014.

2. The petitioner states that she voluntarily agreed to

donate a portion of her liver to a minor girl child who is a

chronic liver patient. They submitted a joint application under

the Transplantation of Human Organs and Tissues Act. The

3rd respondent, however, without processing the application

and forwarding it to the 2 nd respondent-Zonal Authorisation WP(C).No.372/2022

Committee, has sought for a police report. The petitioner

would submit that the police officials may take considerable

time in issuing a report and the 3rd respondent can very well

forward the available documents to the 2 nd respondent for

further processing. The 2nd respondent is competent to call for

police records, if it is necessary, from the competent

authorities. The non-processing of the application by the 3 rd

respondent and forwarding the same to the 2 nd respondent, is

likely to put the life of a 3rd person into trouble. Therefore, the

writ petitioner seeks appropriate directions from this Court.

3. The learned counsel appearing for the 3 rd

respondent submitted that when the petitioner submitted

application for organ transplantation, the petitioner was

required to submit certain documents which are necessary for

processing the application. A list of documents required, was

handed over to the petitioner. The petitioner has not produced

requisite documents. If the petitioner produces all the requisite

documents, the 3rd respondent will process the same and WP(C).No.372/2022

forward it to the 2nd respondent within two days, submitted the

learned counsel for the 3rd respondent.

In view of the submission made on behalf of the 3 rd

respondent, the writ petition is disposed of directing the

petitioner to submit all requisite documents to the 3 rd

respondent immediately. The 3rd respondent shall process the

application and forward the same to the 2 nd respondent within

a period of two days from the date of receipt of necessary

documents. It is made clear that the 3 rd respondent shall not

withhold the processing and forwarding of the application for

the sole reason that a police report is not obtained. It is further

directed that the 2nd respondent shall process the application

on receipt of the same from the 3 rd respondent and take

appropriate decision thereon within a period of three weeks.

The 2nd respondent will be at liberty to call for police records

from the competent police authorities, if it is found necessary.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.372/2022

APPENDIX OF WP(C) 372/2022

PETITIONER'S EXHIBITS:

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

Exhibit P2 A TRUE PHOTOCOPY OF THE APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM LIVING DONOR UNDER FORM 11 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 13.12.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

   Exhibit P3         A TRUE PHOTOCOPY OF THE JOINT AFFIDAVIT
                      DATED    15.12.2021    SUBMITTED   BY   THE
                      PETITIONER TO THE 3RD RESPONDENT.
   Exhibit P4         A TRUE PHOTOCOPY OF THE CERTIFICATE
                      DATED 27.12.2021 ISSUED BY THE MEMBER

OF PARLIAMENT, THRISSUR CONSTITUENCY. Exhibit P5 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 18.12.2021 ISSUED BY THE MEMBER OF KERALA LEGISLATIVE ASSEMBLY, WANDOOR CONSTITUENCY.