Shibu Eluvungal Bhaskaran vs The District Level Authorization ...
2023 Latest Caselaw 8841 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 26906 OF 2023


PETITIONERS:

    1     SHIBU ELUVUNGAL BHASKARAN
          AGED 49 YEARS, S/O. BHASKARAN,
          ELUVUNGAL HOUSE, POTTA P.O.,CHALAKUDY TALUK,
          THRISSUR, PIN - 680722
    2     BEENA D.,
          AGED 39 YEARS, D/O. K.DEVAKI,
          BEENA BHAVAN, MARUTHARAVILAKAM, AVANAVANCHERY
          P.O., ATTINGAL, CHIRAYINKEEZHU TALUK,
          THIRUVANANTHAPURAM, PIN - 695103
          BY ADV C.M.MOHAMMED IQUABAL

RESPONDENT:

          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
OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26906/2023

                                         2




                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                  W.P.(C).No.26906 of 2023
            ----------------------------------------------
          Dated this the 14th day of August, 2023


                               JUDGMENT

This writ petition is filed with following prayers:

a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondent to take immediate and effective steps to issue approval for unrelated kidney transplantation by considering Ext. P8 and P9 applications, within a time stipulated by this Hon'ble Court.

b) Pass an order dispensing with the production of English translation of vernacular document at the time of filing of the Writ Petition. and

c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.

(SIC)

2. The 1st petitioner is a kidney patient and he is

advised to transplant his kidney. The 2 nd petitioner informed

her readiness to donate her kidney. Since they are not close

relatives, they filed Exts.P8 and P9 applications seeking WP(C).No.26906/2023

permission to undergo unrelated renal transplantation. The

grievance of the petitioners is that the same is not considered.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader.

4. After hearing both sides, I think there can be a

direction to the respondent to consider Exts.P8 and P9 within

a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The respondent is directed to consider and pass

appropriate orders in Exts.P8 and P9

applications, in accordance with law, as

expeditiously as possible, at any rate, within two

weeks from the date of receipt of a stamped

certified copy of this judgment.

2. The petitioner will produce a stamped certified

copy of this judgment before the respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.26906/2023

APPENDIX OF WP(C) 26906/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF ALTRUISM ISSUED BY THE ATTINGAL DY.S.P. DATED 24.03.2023 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY CHALAKUDY MLA DATED 05.03.2023 Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 01.03.2023 Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HER SON DATED 10.04.2023 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 26.05.2023 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 26.05.2023 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE SON OF THE DONOR DATED 26.05.2023 Exhibit P8 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 25.03.2023 Exhibit P9 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONERS DATED 09.06.2023 Exhibit P10 THE TRUE COPY OF THE RECEIPT ISSUED BY THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, ERNAKULAM DATED 01.07.2023