Kerala High Court
Adarsh Manesh vs The State Of Kerala on 15 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 42333 OF 2023
PETITIONERS:
1 ADARSH MANESH
AGED 13 YEARS, S/O. MANESH MOHAN
REPRESENTED BY HIS MOTHER MRS.SAVITHA MANESH,
AGED 42 YEARS, W/O MANESH MOHAN, MANESH
BHAVAN, THIRUVANVANDOOR, ALAPPUZHA,
KERALA., PIN - 689109
2 MOHAMMED SHAFI P.A.
AGED 35 YEARS, S/O. ASHRAF,
PALLIPPADATH HOUSE, SANTHIPURAM,
PANANGAD, THRISSUR, KERALA - 680665
BY ADVS.
JINSON OUSEPH
CHITRA VIJAYAN
BASIL MECHERY
NIMISHA GEORGE
AMALENDU N.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION
COMMITTEE FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM, PIN - 683104
3 THE LOCAL LEVEL COMMITTEE FOR RENAL
TRANSPLANTATION, REPRESENTED BY ITS CHAIRMAN/
MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL, M.G
ROAD, PALLIMUKKU, ERNAKULAM, PIN - 682016
4 DEPUTY SUPERINTENDENT OF POLICE
KODUNGALLOOR POLICE SUB DIVISION (UNDER THE
DISTRICT POLICE CHIEF, THRISSUR RURAL),
AYYANTHOLE, THRISSUR., PIN - 690003
BY ADVS.
SMT VIDYA KURIAKOSE-GP;
SRI RS KALKURA-SC
W.P.(C).No.42333 of 2023
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.42333 of 2023
:3:
JUDGMENT
When this matter was called today, the learned Government
Pleader - Smt.Vidya Kuriakose and learned counsel for the
petitioners - Sri.Jinson Ouseph, were ad idem that the issues
involved in this case have already been answered by this Court in
Soubiya v. District Level Authorisation Committee for
Transplantation of Human Organs, Ernakulam [2023 (6)
KHC 293]. They prayed that, therefore, this writ petition also be
ordered in terms of the directions issued therein.
In the afore circumstances, I allow this writ petition with the
following directions:
a) The petitioners are hereby granted liberty to hand
over all relevant documents to the 3 rd respondent - Local
Level Committee for Renal Transplantation without a
'Certificate of Altruism' and this shall be done within a
period of one week from today.
b) The 3rd respondent - Local Level Committee for Renal
Transplantation of the Hospital concerned, will,
thereupon, forward the application of the petitioners,
along with all necessary documents, except 'Certificate
of Altruism', to the 2nd respondent - District Level
Authorization Committee for Renal Transplantation
(DLAC); and this shall be done forthwith, but not later
than four days from the date of receipt of a copy of this
judgment.
c) On the afore application reaching the 2 nd respondent -
DLAC, its competent Authority will notify the petitioners
and inform them whether they have to obtain a
'Certificate of Altruism' from the concerned Police
Authority.
d) If the DLAC is to find that no such Certificate is
required in this case, they will complete the processes,
leading to necessary permissions to be granted to the
petitioners, within a period of two weeks thereafter.
e) However, if, on the contrary, the DLAC is to find that
'Certificate of Altruism' is required to be obtained by the
petitioners, they will intimate them of such within a
period of two weeks from the date on which they receive
application from the 3rd respondent; upon which, the
petitioners will be required to obtain the same and
produce it before the said Authority, as per law.
f) On the afore being done, the DLAC will take a final
decision on the petitioners' request, within a period of
two from the date on which such Certificate is produced.
g) Needless to say, if the 2nd respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the 4 th
respondent - Deputy Superintendent of Police, or such
other competent Authority, will act upon the application
for such to be made before them; and will issue
necessary certificate without any avoidable delay, but not
later than two weeks from the date on which it is
received by them, after making all necessary enquiries.
h) I direct the DLAC and the Local Level Committee for
Renal Transplantation to bear in mind the medical
condition of the child and to act as quickly as possible,
notwithstanding the afore maximum time frame fixed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 42333/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE AADHAAR CARD OF THE 1ST
PETITIONER WHO IS A MINOR REPRESENTED BY
HIS MOTHER.
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 17.04.2023 ISSUED TO THE 1ST
PETITIONER BY DR. P.H. MOHAMMED IQUBAL,
CONSULTANT NEPHROLOGIST, (REG.NO:20782)
OF MEDICAL TRUST HOSPITAL, ERNAKULAM.
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND
PETITIONER BEFORE THE NOTARY PUBLIC ON
20.11.2023 BY GIVING HIS CONSENT TO
DONATE HIS KIDNEY TO THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE JOINT AFFIDAVIT DATED
20.11.2023 SWORN BY THE 1ST AND 2ND
PETITIONER BEFORE THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 20.10.2023
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT FOR WANT OF POLICE CLEARANCE
CERTIFICATE.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) 20984
OF 2023 DATED 27.06.2023 OF THIS HON'BLE
COURT.
RESPONDENTS' EXHIBITS : NIL.
