Aisha.M.Salim vs The District Level Authorisation ...
2023 Latest Caselaw 6167 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                     THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

                               WP(C) NO. 18934 OF 2023

PETITIONER/S:

     1          AISHA.M.SALIM
                AGED 49 YEARS
                W/O MUHAMMED SALIM MEZHUKKATTIL HOUSE MALAYAPPALLY EDATHALA NORTH
                (P.O) ALUVA EAST VILLAGE ERNAKULAM DISTRICT ., PIN - 683561
     2          GRACY
                AGED 41 YEARS
                D/O SHOWRI PALLICKATHAYYIL HOUSE CHENNAVELI, CHETHY P.O
                MARARIKULAM VILLAGE CHERTHALA TALUK ALAPPUZHA DISTRICT ., PIN -
                688530
                BY ADVS.
                S.SHANAVAS KHAN
                S.INDU
                KALA G.NAMBIAR


RESPONDENT/S:

     1          THE DISTRICT LEVEL AUTHORISATION COMMITTEE FOR TRANSPLANTATION OF
                HUMAN ORGANS ERNAKULAM
                MEDICAL COLLEGE HOSPITAL KALAMASSERY , ERNAKULAM REPRESENTED BY
                ITS CHAIRMAN, PIN - 683104
     2          LOCAL LEVEL COMMITTEE OF ORGAN TRANSPLANTATION MEDICAL TRUST
                HOSPITAL
                ERNAKULAM REPRESENTED BY ITS CHAIRMAN, PIN - 682016
     3          THE DEPARTMENT OF NEPHROLOGY MEDICAL TRUST HOSPITAL
                ERNAKULAM REPRESENTED BY ITS HEAD OF DEPARTMENT, PIN - 682016
     4          DEPUTY SUPERINTENDENT OF POLICE
                THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE CHERTHALA
                ALAPPUZHA, PIN - 688524

OTHER PRESENT:

                SRI.B.S.SYAMANTAK, GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 18934 of 2023
                                     ..2..




                        P.V.KUNHIKRISHNAN J.
                   =====================

                       W.P.(C) No. 18934 of 2023

              ========================

               Dated this the 12th day of June, 2023

                        J U D G M E N T

The above Writ Petition is filed with the following

prayers:-

i. Issue a writ of mandamus or any other writ, order or

direction directing respondents 2 and 3 to refer Ext.P2

application along with all the documents submitted therewith

to the 1st Respondent, without placing reliance on Ext.P7

police report, for approving unrelated kidney transplantation,

within a time frame stipulated by this Hon'ble Court.

ii. Issue a writ of mandamus or any other writ, order or

direction directing the 1st respondent to take Immediate and

effective action on receipt of Ext.P2 application for unrelated W.P.(C) No. 18934 of 2023 ..3..

kidney transplantation forwarded by respondents 2 and 3

within a time stipulated by this Hon'ble Court.

iii. Direct the 1st respondent to consider all aspects and

documents in relation to the renal transplantation in issue and

without placing reliance on Ext.P7 police report while passing

orders on Ext.P2 application to meet ends of justice.

iv. Permit the petitioner to dispense with the production of

English translation of document in vernacular language

which is produced along with this Writ Petition and

v. Pass such other orders as this Hon'ble Court may deem fit

and proper in the facts and circumstances of the case.

2. The 1st petitioner is a person suffering from acute renal

failure and is under treatment at Medical Trust Hospital,

Ernakulam. The Doctor suggested for transplantation of

Kidney. The 2nd petitioner, who is not a relative offered to

donate his kidney to the 1st petitioner. The petitioners W.P.(C) No. 18934 of 2023 ..4..

submitted an application before the 2nd respondent for

permission. The 2nd respondent obtained Ext.P7 report from

the 4th respondent, in which there is some finding against the

petitioners. Hence, the 2nd respondent is not forwarding the

same to the 1st respondent is the grievance.

3. Heard the learned counsel appearing for the petitioners

and the learned Government Pleader.

4. After hearing both sides, I am of the considered opinion

that the 2nd respondent has to forward the application to the 1 st

respondent and the 1st respondent has to decide whether the

police verification is necessary after interacting with the

petitioners. In Shoukath Ali Pulikuzhiyil and Another v.

District level Authorisation Committee and Others [2017 (3)

KHC 259] this court observed that the police report is

necessary, when the Authorisation Committee doubts the

genuineness of the claim or the bonafides and the genuineness W.P.(C) No. 18934 of 2023 ..5..

of the documents produced and not otherwise. The petitioners

also relied on the dictum laid down by this court in Jeebinsa v.

State of Kerala and Others [2022 (4) KHC 32].

5. After hearing both sides, I am of the opinion that there

can be a direction to the 2nd respondent to forward the

application to the 1st respondent and the 1st respondent can be

directed to consider the same in accordance with law. The 1st

respondent, if necessary, can obtain a police report from the

authority in accordance with law.

Therefore, this Writ Petition is disposed of with the

following directions:-

i. The 2nd respondent is directed to forward the application

submitted by the petitioners to the 1st respondent within a

period of one week from the date of receipt of a certified copy

of this judgment.

W.P.(C) No. 18934 of 2023 ..6..

ii. The 1st respondent will consider the application

submitted by the petitioners after giving an opportunity of

hearing to the petitioners and decide the matter forthwith, in

accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE RMV W.P.(C) No. 18934 of 2023 ..7..

APPENDIX OF WP(C) 18934/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 09/03/2023 ISSUED BY CONSULTANT NEPHROLOGIST MEDICAL TRUST HOSPITAL Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED 09/03/2023 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE DECLARATION CUM AFFIDAVIT DATED 09/03/2023 OF THE FIRST PETITIONER Exhibit P4 TRUE COPY OF THE DECLARATION CUM AFFIDAVIT DATED 09/03/2023 OF THE SECOND PETITIONER Exhibit P5 TRUE COPY OF THE JOINT AFFIDAVIT CUM DECLARATION DATED 09/03/2023 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE DISCHARGE SUMMARY DATED 03/05/2023 ISSUED BY CONSULTANT NEPHROLOGIST, MEDICAL TRUST HOSPITAL, ERNAKULAM Exhibit P7 TRUE COPY OF THE REPORT DATED 29/05/2023 OF THE 4TH RESPONDENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE