Ramakrishna Pillai C vs The District Level Authorization ...
2022 Latest Caselaw 8065 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                           WP(C) NO. 21081 OF 2022
PETITIONERS:

     1      RAMAKRISHNA PILLAI C.
            AGED 53 YEARS
            S/O. CHELLAPPAN PILLAI G.,
            THATTARETHU HOUSE, KAITHA NORTH,
            CHETTIKULANGARA, MAVELIKKARA,
            ALAPPUZHA DISTRICT, PIN - 690106

     2      SOUMYA O.S.
            AGED 33 YEARS
            D/O. SULAIMAN, OLAVAKKODAN HOUSE,
            CHALAKUDY, THRISSUR DISTIRCT, PIN - 680307

            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,
            RAJAGIRI HOSPITAL, CHUNANGAMVELY,
            ALUVA, ERNAKULAM DISTRICT, PIN - 683112

     3      THE DEPUTY SUPERINTENDENT OF POLICE,
            CHALAKUDY, DY.SP OFFICE, CHALAKUDY P.O.,
            THRISSUR DISTRICT, PIN - 680307

            BY ADVS.
            AMMINIKUTTY K., GOVERNMENT PLEADER
            THOMAS J.ANAKKALLUNKAL, STANDING COUNSEL FOR R2

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21081 OF 2022
                                      2




                                 JUDGMENT

Dated this the 29th day of June, 2022

The 1st petitioner is suffering from advance liver

failure and requires emergent organ transplantation

surgery. The 2nd petitioner, who is not a relative, has

volunteered to donate her 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 2nd respondent has

not referred the matter to the 1 st respondent for

approval, since the 3 rd 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 respondent to call for WP(C) NO. 21081 OF 2022

the report, if so warranted. Hence, the 2 nd respondent

is bound to accept the application and refer the matter

to the 1st 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 1st respondent, without insisting for

certificate of altruism from the Police.

4. Learned Standing Counsel for the 2 nd

respondent submitted that the applications of the

petitioners along with requisite documents is received,

and can be forwarded to the 1 st respondent, if directed

so by this Court.

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 1 st

respondent within ten days of receipt of the WP(C) NO. 21081 OF 2022

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 3rd respondent.

Sd/-

V.G.ARUN

JUDGE NB/29-6 WP(C) NO. 21081 OF 2022

APPENDIX OF WP(C) 21081/2022

PETITIONERS' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 08.06.2022 EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 08.06.2022 EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER DATED 08.06.2022 EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHALAKUDY M.P. DATED 10.06.2022 EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 08.06.2022 EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE 2ND PETITIONER DATED 08.06.2022 EXHIBIT P9 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 13.06.2022 EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 08.06.2022

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE