Sujesh T.S vs State Of Kerala
2023 Latest Caselaw 5009 Ker

W.P.(C) No. 14087/2023                 :1:




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945

                           WP(C) NO. 14087 OF 2023

PETITIONER/S:

      1      SUJESH T.S.
             AGED 40 YEARS
             S/O. SUKUMARAN T.K., THEKKUMKARA HOUSE, PANAMUKKU,
             NEDUPUZHA, THRISSUR DISTRICT, PIN - 680 001.
      2      RESHMA C.J.
             AGED 28 YEARS
             W/O. ANSON, PANOKKARAN HOUSE, OLLUR, ANCHERY P.O., THRISSUR
             DISTRICT, PIN - 680 306.
             BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT/S:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO HEALTH DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
      2      THE PRINCIPAL SECRETARY,
             DEPARTMENT OF HEALTH,GOVERNMENT OF KERALA, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
      3      THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
             TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM,
             REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE,
             H.M.T. COLONY P.O., KALAMASSERY, KOCHI, PIN - 683 503.



             BY SMT. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.04.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 14087/2023                      :2:


                       SHAJI P CHALY, J.
            ========================
                   WP(C) No.14087 of 2023
          ------------------------------------------------
                         Dated this the 13th day of April 2023

                                   JUDGMENT

Being aggrieved by Ext. P11 Order dated 08.03.2023 issued by

the District Level Authorization Committee for the transplantation of

Human Organs, the petitioners have preferred Ext P12 appeal

before Principal Secretary, Department of Health, Government of

Kerala, Government Secretariat, Thiruvananthapuram, respondent

No.2. Seeking a direction for consideration of the same, this writ

petition is filed.

Having heard learned counsel for the petitioners Sri. C. M.

Mohammed Iquabal and the learned senior Government Pleader

Smt. Deepa Narayanan, this writ petition is disposed of, directing

the 2nd respondent finalize Ext P12 at the earliest and at any rate

within three weeks from the date of receipt of a copy of this

judgment.

SHAJI P CHALY JUDGE sab/

APPENDIX OF WP(C) 14087/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY T.N.PRATHAPAN, M.P. DATED 03.01.2023 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 04.01.2023 Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HER HUSBAND DATED 01.08.2022 Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER DATED 01.08.2022 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 05.01.2023 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER ALONG WITH HER RELATIVES DATED 05.01.2023 Exhibit P7 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE LOCAL COMMITTEE FOR ORGAN TRANSPLANTATION TO THE COMMISSIONER OF POLICE, OLLUR DATED 29.12.2022 Exhibit P8 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONERS DATED 07.01.2023 Exhibit P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 09.01.2023 Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.

834/2023 OF THIS HON'BLE COURT DATED 13.01.2023 Exhibit P11 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 08.03.2023 Exhibit P12 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 11.04.2023

RESPONDENTS' EXHIBITS: NIL

True Copy

PS To Judge.

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