Sajitha vs The Deputy Superintendent Of ...
2023 Latest Caselaw 6486 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                    WP(C) NO. 17628 OF 2023
PETITIONER/S:
    1     SAJITHA, AGED 41 YEARS
          W/O. VIJESH, KARYESHUTH, KAARA, EDAVILANGU,
          AZHEEKOD P.O., ERIYAD PANCHAYATH, THRISSUR
          DISTRICT, PIN - 680666
    2     SOUDA, AGED 47 YEARS
          W/O. MOIDUPPA, PUZHAYKKAL HOUSE, NENMINI,
          THACHINGANADAM P.O., KEEZHATTOOR PANCHAYATH,
          MALAPPURAM DISTRICT, PIN - 679325
          BY ADV K.V.JAYADEEP MENON
RESPONDENT/S:
    1     THE DEPUTY SUPERINTENDENT OF POLICE
          KODUNGALLUR, THRISSUR, KERALA, PIN - 680669
    2     THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
          HUMAN ORGAN TRANSPLANTATION
          REPRESENTED BY ITS CHAIRMAN, PRINCIPAL,
          GOVERNMENT MEDICAL COLLEGE, KALAMASSERY P.O.,
          ERNAKULAM DISTRICT , PIN-683104
    3     LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION (
          S
          REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
          MEDICAL TRUST HOSPITAL, MAHATHMA GANDHI ROAD,
          PALLIMUKU, ERNAKULAM DISTRICT , PIN-682016. ADDL
          R2 & R3 ARE IMPLEADED AS PER ORDER DATED 07-06-
          2023 IN IA 1/2023 IN WP(C)17628/2023.
          BY ADVS.
          SRI.R.S.KALKURA FOR ADDL.R3
          No Advocate
OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP,


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 17628 of 2023



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

                               W.P.(C) No. 17628 of 2023
                         =============================================================

                       Dated this the 13th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondent to accept P4 application and issue the police verification certificate to accord sanction for renal transplantation.

ii. Issue any other appropriate writ, order or direction as the case may be as this Honourable Court deems fit and necessary in the interest of justice.

iii. Award costs to the petitioner." (sic)

2. The main prayer in this writ petition is to issue direction

to the 1st respondent to accept Ext.P4 application and issue the police

verification certificate to accord sanction for renal transplantation.

3. When this writ petition came up for consideration, this

Court directed the petitioners to implead the District Level

Authorisation Committee for human organ transplantation and the

Local Level Committee for renal transplantation. Accordingly,

respondents 2 and 3 were impleaded.

W.P.(C). No. 17628 of 2023

4. Today, when this writ petition came up for consideration,

the counsel appearing for the additional 3rd respondent submitted that

no application is received from the petitioners so far. The additional

3rd respondent also submitted that if applications are filed with

necessary documents, the same will be forwarded to the 2 nd

respondent. Now it is a settled position as per the decision in

Shoukathali Pillikuzhiyil and another v. The District Level

Authorization Committee and others [2017 (3) KHC 259] to

the effect that the 3rd respondent need not insist police verification

report at the time of accepting applicaions and the necessity of the

same is to be decided by the 2 nd respondent. If that be so, if an

application with other documents except the police verification

report is received, the 3rd respondent can forward the same to the

2nd respondent, and the 2nd respondent can consider the same, in

accordance with law.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 17628 of 2023

1. The petitioners are free to submit the application with all necessary documents for renal transplantation to the 3rd respondent and if such an application is received, the 3rd respondent is directed to forward the application submitted by the petitioners, if it is otherwise in order, without insisting police verification report, to the 2nd respondent, as expeditiously as possible, at any rate within one week from the date of receipt of the application.

2. Once such an application with necessary documents is received, the 2nd respondent will consider the same, and take appropriate steps, in accordance with law, forthwith.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 17628 of 2023

APPENDIX OF WP(C) 17628/2023

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 02.05.2023 SUBMITTED TO THE LOCAL LEVEL COMMITTEE

- MEDICAL TRUST HOSPITAL, ERNAKULAM 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 TO THE LOCAL LEVEL COMMITTEE - HOSPITAL DATED 01.05.2023 Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER DATED 16.01.2023 ISSUED BY THE LOCAL LEVEL COMMITTEE, THE MEDICAL TRUST HOSPITAL, ERNAKULAM Exhibit P4 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 19.05.2023 SUBMITTED BY THE PETITIONER FOR ISSUING POLICE VERIFICATION CERTIFICATE BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, KODUNGALLUR