Poulose K.V vs State Of Kerala
2023 Latest Caselaw 5062 Ker

               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. 13761 OF 2023
PETITIONERS:

    1     POULOSE K.V.
          AGED 63 YEARS
          S/O. VARGHESE, KUZHIKKATTIL HOUSE, SULTHAN BATHERY
          P.O., WAYANAD, PIN - 673592
    2     JASMINE C.J.,
          AGED 27 YEARS
          D/O. JOSEPH, CHARANKATTU HOUSE, MANGALAM WARD,
          KANJIRAMCHIRA P.O., AMBALAPUZHA, ALAPPUZHA, PIN -
          688007
          BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO HEALTH
          DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE PRINCIPAL SECRETARY,
          DEPARTMENT OF HEALTH,GOVERNMENT OF KERALA, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    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 -
          683503



          SR.GP SMT. DEEPA NARAYANAN



     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.13761 of 2023
                                 2


                           JUDGMENT

Dated this the 13th day of April, 2023

The subject issue in this writ petition is in relation to

transplantation of kidney by an altruistic donor. However, the

application submitted by the petitioner was rejected by the District

Level Authorization Committee as per Ext.P13. Being aggrieved, the

petitioner has preferred Ext.P14 before the State Government - 1 st

respondent seeks direction for disposal of the same.

2. I have heard the learned counsel for the petitioner,

Sri.C.M.Mohammed Iquabal and the learned Senior Government

Pleader, Smt.Deepa Narayanan and perused the pleadings and

material on record.

Therefore, the writ petition is disposed of directing the 2 nd

respondent to take a decision on Ext.P14, at the earliest, at any

rate within a period of two weeks from the date of receipt of a copy

of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.13761 of 2023

APPENDIX OF WP(C) 13761/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF TALUK HEAD QUARTERS HOSPITAL, SULTHAN BATHERY DATED 19.01.2023 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF ALTRUISM ISSUED BY THE ALAPPUZHA DY.S.P. DATED 23.02.2023 Exhibit P3 THE TRUE COPY OF CERTIFICATE ISSUED BY SULTHAN BATHERY M.L.A. DATED 13.02.2023 Exhibit P4 THE TRUE COPY OF CERTIFICATE ISSUED BY THE PRESIDENT OF MARARIKULAM THEKKU GRAMA PANCHAYATH DATED 16.02.2023 Exhibit P5 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 07.02.2023 Exhibit P6 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF DONOR AND HER FATHER DATED 03.02.2023 Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF PETITIONERS DATED 09.02.2023 Exhibit P8 THE TRUE COPY OF THE AFFIDAVIT OF DONOR DATED 09.02.2023 Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 09.02.2023 Exhibit P10 THE TRUE COPY OF THE CONSENT OF THE FATHER OF THE DONOR DATED 09.02.2023 Exhibit P11 THE TRUE COPY OF JOINT APPLICATION (FORM

3) FOR APPROVAL FOR TRANSPLANTATION FROM LIVING DONOR DATED 09.02.2023 Exhibit P12 THE TRUE COPY OF JOINT APPLICATION (FORM

11) FOR APPROVAL FOR UNRELATED RENAL TRANSPLANTATION DATED NIL Exhibit P13 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 29.03.2023 Exhibit P14 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 03.04.2023