Basheer C.A vs The District Level Authorization ...
2023 Latest Caselaw 1185 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA,
                                    1944
                        WP(C) NO. 1229 OF 2023
PETITIONER/S:

       1       BASHEER C.A.,
               AGED 60 YEARS
               S/O. ABDUL AZEEZ, CHIYAMVELI HOUSE,
               MANNACHERRY P.O., ALAPPUZHA DISTRICT, PIN -
               688538
       2       RAJASEKHARAN
               AGED 42 YEARS
               S/O.SUBRAMANIAN, KANYAKUMARIYIL HOUSE,
               KANDAMKULAM P.O., METHALA, THRISSUR DISTRICT,
               PIN - 680669
               BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
    1    THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
         TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM,
         ERNAKULAM MEDICAL COLLEGE HOSPITAL,
         KALAMASSERY, REPRESENTED BY ITS CHAIRMAN., PIN
         - 683104
    2    THE CONVENER,
         LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
         LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
         MARADU, NETTOOR P.O., ERNAKULAM,, PIN - 682040
    3    THE DEPUTY SUPERINTENDENT OF POLICE,
         KODUNGALLUR,DY.S.P.OFFICE, KODUNGALLUR P.O.,
         THRISSUR, PIN - 680669
         BY ADVS.
         K.S.MUHAMMED SHEFIN
         P.BENNY THOMAS(B-142)
         D.PREM KAMATH(K/1285/1998)
         TOM THOMAS (KAKKUZHIYIL)(K/000821/2008)
         KURIAN OOMMEN THERAKATH(K/001319/2020)
OTHER PRESENT:
         GP SRI RAJEEV JYOTHI GEORGE
           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    18.01.2023,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No. 1229 of 2023

                                   -2-



                               JUDGMENT

Dated this the 18th day of January, 2023

The first petitioner is undergoing treatment

for Kidney ailment and has been advised to

undergo organ transplantation surgery at the

earliest. The second petitioner has expressed

willingness to donate his kidney for the

transplantation. The petitioners have submitted

Exts.P6 and P7 applications before the second

respondent for referring the application to the

first respondent for the approval mandated under

the Transplantation of Human Organs and Tissues

Act, 1994 and the Rules thereunder. The second

respondent has not referred the matter, since the

certificate of altuism issued by the third

respondent is not produced along with the

application. Hence this writ petition.

2. Learned Counsel for the petitioner

relied on the decision in Shoukathali

Pullikuzhiyil and another v. The District Level W.P.(C) No. 1229 of 2023

Authorization Committee and Others [2017 (3) KHC

259] to contend that, verification through Police

and certificate of altruism is not mandatory in

all cases and it is for the Authorisation

Committee/first respondent to call for the

report, if so warranted. Hence, the second

respondent is bound to accept the applications

and refer the matter to the first respondent

immediately. It is pointed out that in similar

cases, this Court had directed the second

respondent to accept the application and forward

the same to the first respondent, without

insisting for the certificate of altruism.

3. Learned Counsel for the second

respondent submits that till date, the

petitioners have not submitted the requisite

documents. Although learned Counsel for the

petitioners refutes the said averment, I deem it

appropriate to direct the petitioners to furnish

a fresh set of documents.

4. In view of the settled legal position, W.P.(C) No. 1229 of 2023

the second respondent cannot insist on production

of police verification report as a pre-condition

for forwarding the application submitted by the

petitioners.

The Writ petition is hence disposed of

directing the petitioners to produce a fresh set

of requisite documents before the second

respondent. Immediately thereupon, the second

respondent shall forward the application and

documents to the first respondent, without

insisting on production of the police

verification report. On receipt of the

application forwarded by the second respondent,

the first respondent shall verify the same and

take appropriate decision within two weeks, if

necessary, by calling for a police verification

report.

Sd/-

V.G.ARUN JUDGE Scl/ W.P.(C) No. 1229 of 2023

W.P.(C) No. 1229 of 2023

APPENDIX OF WP(C) 1229/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS COUSIN BROTHER DATED 30.11.2022 Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF 2ND PETITIONER AND HIS COUSIN SISTER DATED 30.11.2022 Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 22.12.2022 Exhibit P4 THE TRUE COPY OF THE CONSENT OF 2ND PETITIONER DATED 11.01.2023 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF 1ST PETITIONER AND HIS WIFE DATED 20.12.2022 Exhibit P6 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONERS DATED 21.12.2022 Exhibit P7 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 21.12.2022