Pramod N.P vs The District Level Authorization ...
2022 Latest Caselaw 7287 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 19682 OF 2022
PETITIONER/S:

    1       PRAMOD N.P
            AGED 46 YEARS
            S/O. VIJAYAN M.P., 'SAROVARAM',
            MADIVAYAL, PILICODE P.O.,
            KASARAGODE DISTRICT, PIN - 671310
    2       MANU.S
            AGED 36 YEARS
            S/O. SATHYASEELAN,
            KIZHAKKUMKARA VEEDU, CHITTAR,
            VITHURA, ANAPPARA P.O.,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695551
            BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT/S:

    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,
            MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN -
            682016
    3       THE DEPUTY SUPERINTENDENT OF POLICE
            NEDUMANGAD,
            DYSP OFFICE, NEDUMANGAD P.O.,
            THIRUVANANTHAPURAM, PIN - 695541
            BY ADV R.S.KALKURA


OTHER PRESENT:

            GP RIYAL DEVASSY; SC FOR R2 B.G.BIDHAN CHANDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19682 OF 2022
                                  2

                    JUDGMENT

Dated this the 23rd day of June, 2022

The first petitioner is suffering from kidney disease

and requires emergent organ transplantation surgery. The

2nd 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 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. 19682 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 Government Pleader submitted, on

instructions that, in the instant case, the Police report is in

the petitioner's favour and copy of the report can be

issued, if the recipient and donor furnish their

photographs.

4. 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 certificate of

altruism from the police.

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 WP(C) NO. 19682 OF 2022

application along with necessary documents. The 2nd

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

necessary by securing certificate of altruism from the third

respondent.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 19682 OF 2022

APPENDIX OF WP(C) 19682/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HIS PATERNAL UNCLE DATED 09.05.2022 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HIS MATERNAL UNCLE DATED 09.05.2022 Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF VITHURA GRAMA PANCHAYATH DATED 23.05.2022 Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THRIKKARIPPUR MLA DATED 03.06.2022 Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 30.05.2022 Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 30.05.2022 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE RELATIVES OF THE DONOR DATED 30.05.2022 Exhibit P8 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 30.05.2022 Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 30.05.2022