Kerala High Court
Abdul Shameer T.M vs The State Of Kerala on 27 June, 2023
WP(C) NO. 20984 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 20984 OF 2023
PETITIONER/S:
1 ABDUL SHAMEER T.M
AGED 34 YEARS
S/O MOOSAKUTTY HAJI, THEKEMANNIL VALANJJAPARA,
PERUMBALLI P.O, KOTTARAKOTH, PUTHUPPADI, KOZHIKODE,
PIN - 673586
2 SHAILA
AGED 48 YEARS
C/O BIJUKUMAR, VENNOOR HOUSE, AROOR P.O, ALAPPUZHA,
PIN - 688534
BY ADVS.
JINSON OUSEPH
CHITRA VIJAYAN
BASIL MECHERY
NIMISHA GEORGE
AMALENDU N.S.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM, PIN - 683104
3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
MEDICAL TRUST HOSPITAL REPRESENTED BY ITS MEDICAL
WP(C) NO. 20984 OF 2023 2
DIRECTOR, MG ROAD, PALLIMUKU, ERNAKULAM., PIN -
682016
4 DEPUTY SUPERINTENDENT OF POLICE
CHERTHALA SUB DIVISION (UNDER THE ADDL.
SUPERINTENDENT OF POLICE ) ALAPPUZHA DISTRICT, PIN -
688001
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP, SRI.R.S.KALKURA FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20984 OF 2023 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 20984 of 2023
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Dated this the 27th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers :
1) "To issue a writ of mandamus or any other appropriate
writ, order or direction to the 3rd respondent to accept,
process and forward Exhibit P2 Joint application along with
documents to the 2nd respondent forthwith.
2) To issue a writ of mandamus or any other appropriate
writ, order or direction to the 2nd respondent to consider
Exhibit P2 Application at the earliest possible time on its
receipt and accord sanction to the petitioners for renal
Transplantation immediately.
3) And to pass such other appropriate Writs, orders or
directions which this Hon'ble deems fit and proper in the facts
and circumstances of the case so as to secure the ends of
justice.
4) Dispense with filing translation of the vernacular
documents." [SIC]
2. The 1st petitioner is a chronic kidney patient and now
undergoing dialysis thrice in a week, is the submission. The 2 nd
petitioner has voluntarily agreed to donate her one kidney to
the 1st petitioner. It is submitted that the 3 rd respondent is
insisting the 2nd petitioner for production of Police Verification
certificate for accepting the application. It is submitted that
there is urgency and Police Verification Certificate is not
necessary at the stage of accepting the application. Hence, this
writ petition.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. In the light of the principle laid down by this Court in
Shoukath Ali Pullikuzhiyil and anr. v. District Level
Authorisation Committee and others [2017 (3) KHC 259],
the verification through police and certificate and altruism is
not mandatory in all cases and it is to be decided by the 2 nd
respondent at the appropriate stage. For accepting the
application by the 3rd respondent, the Police Verification
Certificate is not necessary. Therefore, there can be a direction
to the 3rd respondent to accept the application with necessary
documents and forward the same to the 2 nd respondent and the
2nd respondent can be directed to consider the same in
accordance to law.
Therefore, this writ petition is disposed of with the
following directions :
1) The petitioners will submit the application with
supporting documents for renal transplantation to
the 3rd respondent within one week from the date of
receipt of a certified copy of this judgment.
2) Once the application is received, the 3rd respondent
will forward the same to the 2 nd respondent without
insisting the Police Verification Certificate as
expeditiously as possible, at any rate, within one
week from the date of receipt of the application.
3) Once the application is received by the 2 nd
respondent, the 2nd respondent will consider the
same and pass appropriate orders in it , in
accordance with law forthwith.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 20984/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
10.03.2023 ISSUED TO THE 1ST PETITIONER BY
DR.P.H. MOHAMMED IQUBAL, CONSULTANT
NEPHROLOGIST, (REG.NO:20782) OF MEDICAL
TRUST HOSPITAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED
18.05.2023 IN FORM NO. 11 OF
TRANSPLANTATION OF HUMAN ORGANS AND
TISSUES RULES, 2014
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND
PETITIONER BEFORE THE NOTARY PUBLIC ON
13.05.2023 BY GIVING HER CONSENT TO DONATE
HER KIDNEY TO THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED
13.05.2023 SWORN BY THE 1ST AND 2ND
PETITIONER BEFORE THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 07.06.2023
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) 24412
OF 2022 DATED 03.08.2022 OF THIS HON'BLE
COURT.
