Beeran K.T vs The District Level Authorization ...
2022 Latest Caselaw 8266 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        WP(C) NO. 20959 OF 2022
PETITIONER/S:

    1      BEERAN K.T.
           AGED 54 YEARS
           S/O. MUHAMMED KUTTY K.T.,
           THEKKEY PULLUSSERY HOUSE, PUTHUR PALLIKKAL P.O.,
           KONDOTTY, MALAPPURAM DISTRICT, PIN - 673636
    2      SIMI
           AGED 34 YEARS
           W/O. ARSHAD, KANALPURAMBOKE HOUSE, KOTTUMOOLA, VARKALA
           P.O,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695141
           BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT/S:

    1      THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
           TRANSPLANTATION OF HUMAN ORGAN, 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,, PIN - 682040
    3      THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA
           VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695141
OTHER PRESENT:

           GP AMMINIKUTTY K. SC FOR R2 BENNY P. THOMAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20959 OF 2022
                               2

                     JUDGMENT

Dated this the 1st day of July, 2022

The first petitioner is suffering from liver disease and

requires emergent organ transplantation surgery. The 2 nd

petitioner, who is not a relative, has volunteered to donate

his organ. The petitioners have submitted applications

before the 2nd respondent, appending all the documents

stipulated under the Transplantation of Human Organs and

Tissues Act, 1994 and corresponding Rules. The 2 nd

respondent has not referred the matter to the 1st

respondent for approval, since the 3rd respondent has not

issued the certificate of altruism. Hence, this writ petition.

2. Learned Counsel for the petitioners relied on the

decision in Shoukathali Pullikuzhiyil and another v.

The District Level Authorization Committee and

Others [2017 (3) KHC 259] to contend that, verification

through Police and certificate of altruism is not mandatory

in all cases and it is for the Authorisation Committee/first WP(C) NO. 20959 OF 2022

respondent to call for the report, if so warranted. Hence,

the 2nd respondent is bound to accept the application and

refer the matter to the first respondent immediately.

3. Learned Counsel for the petitioners pointed out

that in similar cases, this Court had directed the 2 nd

respondent to accept the application and forward the same

to the first respondent, without insisting for the certificate

of altruism.

Considering the limited relief sought and being in

agreement with the decision in Shoukathali (supra), the

Writ Petition is disposed of as under:

The petitioners are permitted to submit a fresh

application along with necessary documents. The 2 nd

respondent shall, after verifying the documents and

contents of the application, forward the same to the 1st

respondent within ten days of receipt of the application.

The 1st respondent shall thereupon process the application

and take appropriate decision within two weeks. If WP(C) NO. 20959 OF 2022

necessary, the certificate of altruism shall be called for

from the third respondent.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 20959 OF 2022

APPENDIX OF WP(C) 20959/2022

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY CONSULTANT PEDIATRICIAN, KERALA GOVERNMENT HEALTH SERVICE DATED 21.05.2022 Exhibit-P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 1ST PETITIONER DATED 20.5.2022 Exhibit-P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 24.06.2022 Exhibit-P4 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 06.06.2022 Exhibit-P5 THE TRUE COPY OF THE DECLARATION AND CONSENT OF THE 1ST PETITIONER DATED 06.06.2022 Exhibit-P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 06.06.2022 Exhibit-P7 THE TRUE COPY OF THE AFFIDAVIT CUM DECLARATION OF THE DONOR DATED 06.06.2022 Exhibit-P8 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 06.06.2022 Exhibit-P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 06.06.2022