Anju K.S vs The Director
2023 Latest Caselaw 6520 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. 19044 OF 2023
PETITIONERS:
     1     ANJU K.S
           AGED 31 YEARS
           W/O DR. NAVAROSH, FLAT NO.16/H, TOWN SQUARE,
           AMBALAMUKKU, TRIVANDRUM., PIN - 695003

    2     DR. NAVAROSH
          AGED 32 YEARS
          S/O JAYARAMAN, FLAT NO.16/H, TOWN SQUARE, AMBALAMUKKU,
          TRIVANDRUM, PIN - 695003

          BY ADVS.
          SUNNY MATHEW
          NIKITTA TRESSY GEORGE
          FEMINA P. BUHARI


RESPONDENTS:
     1     THE DIRECTOR
           AR MEDICAL CENTRE, CRAFT CAMPUS CHANDAPURA,
           KODUNGALLUR, PIN - 680664
     2     THE AUTHORISED OFFICER
           UNDER THE ASSISTED REPRODUCTIVE TECHNOLOGY
           ( REGULATIVE) ACT,2021, OFFICE OF THE DIRECTOR OF
           MEDICAL SERVICES, HEALTH DEPARTMENT, STATE OF KERALA ,
           TRIVANDRUM., PIN - 695034
     3     UNION OF INDIA
           REPRESENTED BY ITS PRINCIPAL SECRETARY, PRIME
           MINISTER'S OFFICE, SOUTH BLOCK, SECRETARIAT BUILDING,
           NEW DELHI, PIN - 110001
     4     THE SECRETARY
           MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF
           INDIA, NEW DELHI, PIN - 110001
OTHER PRESENT:

          SRI.S.MANU, DSGI, SRI.B.S.SYAMANTAK, GP,
          SRI.PRAMOD.J.DEV FOR R1


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19044 of 2023

                                     2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.19044 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"I. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to return the oocyte (Ovum) of the 1st petitioner kept by the 1st respondent.

II. To declare that the 1st respondent is duty bound to return the oocyte (Ovum) taken from the 1st petitioner and kept by the 1st respondent on demand by the 1st petitioner.

III. Any other reliefs which may be prayed for from time to time." (SIC)

2. Petitioners are undergoing Assisted Reproductive

Treatement from KJK Hospital, Trivandrum. It is submitted

that petitioners were undergoing the very same treatement

earlier from the 1st respondent hospital and as a part of the

treatement, 20 numbers of oocyte (Ovum) of the 1 st

petitioner were taken and kept at the Assisted Reproductive

Technology Bank of the 1st respondent. The hospital W.P (C) No.19044 of 2023

authorities in which the petitioners are now undergoing

treatement have fixed IVF treatement on 17 th, 18th , 19th of

June 2023. For the purpose of treatement, petitioners had

approached the 1st respondent and demanded back the

oocyte (Ovum) taken from the 1st petitioner and kept by the

1st respondent. But, the 1st respondent is refusing to return

the same. Hence, this writ petition.

3. Heard the learned counsel for the petitioners, the

learend cousel appearing for the 1 st respondent and also

the learned DSGI.

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

opinion that prayers in this writ petiton can be allowed in

the light of the directions in Ext.P1 judgment. In a similar

situtation, this Court issued similar directions. I think the

same directions can be issued in this case also, taking into

the circumstances pointed out by the petitioners.

Therefore, this writ petition is allowed in the following

manner:-

i) There will be a direction to the 1st respondent to return oocyte (Ovum) of the 1 st petitioner kept by the 1st respondent forthwith.

W.P (C) No.19044 of 2023

ii) The petitioners will produce a certified copy of this judgment before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.19044 of 2023

APPENDIX OF WP(C) 19044/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 10.02.2023 IN W.P.C NO.4774/2023 PASSED BY THIS HON'BLE COURT

Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10.06.2023 ISSUED FROM KJK HOSPITAL PRIVATE, LTD. AT TRIVANDRUM

Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMERY DATED 24.09.2022 OF THE 1ST PETITIONER