Muneeb Rahman vs The District Level Authorization ...
2023 Latest Caselaw 9369 Ker

WP(C) NO. 28845 OF 2023                       1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                            WP(C) NO. 28845 OF 2023
PETITIONER/S:
     1    MUNEEB RAHMANAGED 38 YEARSS/O. ABDUL HAMEED,
          KUNNAPPALLY HOUSE, PARENGATH, TANALUR P.O.,
          MALAPPURAM DISTRICT,, PIN - 676307

      2        BINDUAGED 50 YEARSW/O. ASHOKAN P.G., AMBADIYIL
               HOUSE, ANDHAKARANAZHI P.O., PATTANAKKAD, CHERTHALA
               TALUK, ALAPPUZHA DISTRICT,, PIN - 688531

               BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT/S:
    1     THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
          TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAMERNAKULAM
          MEDICAL COLLEGE HOSPITAL, KALAMASSERY, REPRESENTED
          BY ITS CHAIRMAN, PIN - 683104

      2        THE CONVENERLOCAL COMMITTEE OF ORGAN
               TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD,
               ERNAKULAM DISTRICT,, PIN - 682016

      3        THE DEPUTY SUPERINTENDENT OF POLICE,
               CHERTHALADY.S.P. OFFICE, CHERTHALA P.O., ALAPPUZHA
               DISTRICT,, PIN - 688524


OTHER PRESENT:
          SMT. VIDYA KURIAKOSE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.08.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 28845 OF 2023                   2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C.) No. 28845 of 2023
                    --------------------------------------
               Dated this the 25th day of August, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext. P7 application, within a time stipulated by this Hon'ble Court

(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to accept and Ext. P7 application with documents to the 1st respondent for consider without the certificate of the 3rd respondent

(c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3rd respondent to forward the report regarding altruism of the petitioner, in the event of request from 1st respondent.

(d) Pass an order dispensing with the production of English translation of vernacular documents at the time of filing of the writ petition.

(e) 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 undergoing treatment for kidney

problem at the Medical Trust Hospital, Ernakulam. He was

advised to transplant his kidney immediately is the submission.

Since the kidney of his close relatives are not suitable, the 2 nd

petitioner informed her readiness to donate her kidney. The

petitioners submitted joint application before the 2 nd

respondent. But the grievance of the petitioners is that the

same is not forwarded to the 1st respondent stating that Police

Verification report is not produced. Hence, this writ petition.

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 2nd respondent to forward the application if

the necessary documents are produced along with the

application except the Police Verification report, in the light of

the principle laid down by this Court in Shoukath Ali

Pullikuzhiyil and Another v. District Level Authorization

Committee and others [2017 (3) KHC 256].

Therefore, this writ petition is disposed of with the

following directions :

(1) The 2nd respondent is directed to accept the

application of the petitioners for permission for transplantation

with supporting documents except the Police Verification

Report.

(2) If such application with supporting documents are

received, the 2nd respondent will forward the same to the 1 st

respondent and the 1st respondent is free to proceed in

accordance to law forthwith.

(3) The petitioners will produce a certified copy of this

judgment along with a copy of this order before respondent

Nos. 2 and 3 for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 28845/2023 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF TANALUR GRAMA PANCHAYATH DATED 26.06.2023

Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER ELDER SON DATED 15.06.2023

Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER YOUNGER SON DATED 23.06.2023

Exhibit P4 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 17.06.2023

Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED 17.06.2023

Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE SON OF THE DONOR DATED 17.06.2023

Exhibit P7 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 17.06.2023

Exhibit P8 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 12.12.2022