Jeebinsa vs State Of Kerala
2023 Latest Caselaw 1664 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                        WP(C) NO. 2209 OF 2023
PETITIONER:

            JEEBINSA
            AGED 50 YEARS
            W/O. SHAMSUDHEEN, CHIRAYIL HOUSE, CHERIKONAM,
            KANNANALLUR P.O., KOLLAM, PIN - 691576
            BY ADV K.V.JAYADEEP MENON


RESPONDENTs:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            HEALTH AND FAMILY WELFARE DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695001, PIN - 682031
    2       THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
            TRANSPLANTATION
            REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL, GOVERNMENT
            MEDICAL COLLEGE, THRISSUR, MEDICAL COLLEGE P.O.,
            THRISSUR DISTRICT, PIN - 680596
    3       THE ASSISTANT POLICE COMMISSIONER
            CHATHANNUR, KOLLAM DISTRICT, KERALA, PIN - 691572
    4       SAFIR T.V
            AGED 34 YEARS
            S/O. MUHAMMEDUNNI, THONDAL VALAPPIL HOUSE, THANEERCODE
            P.O., PALAKKAD DISTRICT, PIN - 679536
            BY ADV PUBLIC PROSECUTOR


            SMT.DEEPA.N,SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2209 of 2023
                                             2



                                 JUDGMENT

Dated this the 27th day of January, 2023

This writ petition is filed by the petitioner seeking the

following reliefs:

i. Issue a writ of mandamus or any other appropriate writ order or direction directing the 3 rd respondent to issue police verification certificate at the earliest considering the ill health of the 4 th respondent herein.

ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 2 nd respondent to consider Exhibit-P1 joint application at the earliest possible time and accord sanction to the petitioner for renal transplantation without any further delay.

iii. Pleased to dispense with English translation of the documents produced herewith iv. Issue such other reliefs that this Honourable Court may consider appropriate in the nature and circumstances of the case.

v. Award costs to the petitioner.

2. Even though various contentions are raised by the

petitioner, today when the matter was taken up, the learned W.P.(C) No.2209 of 2023

Senior Government Pleader, Smt. Deepa.N., submitted that

already the police clearance certificate is issued to the

petitioner on 23.01.2023.

Therefore, after hearing the learned counsel for the

petitioner, Sri. K.V. Jayadeep Menon, and the learned Senior

Government Pleader, Smt.Deepa.N., this writ petition is

disposed of recording the above aspect.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.2209 of 2023

APPENDIX OF WP(C) 2209/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM-3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 13.07.2020 SUBMITTED BY THE PETITIONER TO THE LOCAL LEVEL COMMITTEE - HOSPITAL Exhibit P2 THE TRUE PHOTOCOPY OF THE APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM LIVING DONOR UNDER FORM 11 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 SUBMITTED BY THE PETITIONER TO THE LOCAL LEVEL COMMITTEE - HOSPITAL DATED 13.07.2020 Exhibit P3 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 25.02.2021 IN W.P. (C) NO. 4528 OF 2021 OF THE HONOURABLE HIGH COURT OF KERALA Exhibit P4 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 18.05.2022 IN W.P. (C) NO.13448 OF 2022 OF THE HONOURABLE HIGH COURT OF KERALA Exhibit P5 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.08.2022 IN CON. CASE (C) NO. 1530 OF 2022 AGAINST THE ORDER/JUDGMENT 18.05.2022 IN W.P. (C) NO.13448 OF 2022 OF THE HONOURABLE HIGH COURT OF KERALA Exhibit P6 THE TRUE PHOTOCOPY OF THE LETTER DATED 17.06.2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P7 THE TRUE PHOTOCOPY OF THE LETTER DATED 07.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P8 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED 18.01.2023 ISSUED BY THE DOCTOR TREATING THE 4TH RESPONDENT