Shajimon vs The District Level Authorisation ...
2023 Latest Caselaw 3481 Ker

W.P.(C). No.10344 of 2023              1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                            WP(C) NO. 10344 OF 2023
PETITIONERS:

      1        SHAJIMON
               AGED 37 YEARS
               S/O ABDUL LATHEEF PAZHAYAKANDANKERIL, KALLIKADU,
               ARATTUPUZHA (P.O) KARUNAGAPALLY TALUK, ALAPPUZHA
               DISTRICT, PIN - 690535
      2        SHAJAHAN
               AGED 40 YEARS
               S/O MUHAMMED SHEREEF CHARUVILA PUTHENVEEDU,
               MOOSAVARIKKUNNU PUNALUR P.O., PUNALUR TALUK KOLLAM
               DISTRICT, PIN - 691305
               BY ADVS.
               S.SHANAVAS KHAN
               S.INDU
               KALA G.NAMBIAR


RESPONDENTS:

      1        THE DISTRICT LEVEL AUTHORISATION COMMITTEE FOR
               TRANSPLANTATION OF HUMAN ORGANS
               ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL
               KALAMASSERY - REPRESENTED BY ITS CHAIRMAN, PIN - 683104
      2        LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION
               MEDICAL TRUST HOSPITAL ERNAKULAM, KOCHI REPRESENTED BY
               ITS CHAIRMAN, PIN - 682016
      3        THE DEPARTMENT OF NEPHROLOGY
               MEDICAL TRUST HOSPITAL ERNAKULAM, KOCHI REPRESENTED BY
               ITS HEAD OF DEPARTMENT, PIN - 682016
 W.P.(C). No.10344 of 2023            2




      4        DEPUTY SUPERINTENDENT OF POLICE
               THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE
               PUNALUR SUB DIVISION PUNALUR KOLLAM DISTRICT, PIN -
               691305.


               SMT.RASHMI.K.M., SENIOR GOVERNMENT PLEADER
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.10344 of 2023                3




                                     JUDGMENT

Dated this the 24th day of March, 2023

First petitioner is a kidney patient and second petitioner, is said to be an

altruistic donor and is unrelated to the family. An application was submitted by

the petitioner before the 2nd respondent i.e., the Local Approval Committee of

Organ Transplantation, Medical Trust Hospital, Ernakulam. It seems the Local

Approval Committee has called for a report from the Deputy Superintendent of

Police, who has objected to the procedure stating that there is suspecting offers

in the transaction.

2. Anyhow, I am of the considered opinion that, the District Level

Authorisation Committee is vested with powers to take a decision in the matter.

Therefore, it is better that the Local Approval Committee is directed to forward

an application along with the report of the Police to the District Level

Authorisation Committee.

3. Accordingly, after having heard learned counsel for petitioners -

Smt.Kala G. Nambiar and learned Senior Government Pleader -

Smt.Rashmi.K.M., the writ petition is disposed of, directing the Local Approval

Committee of Organ Transplantation, Medical Trust Hospital, Ernakulam - the 2 nd

respondent, to forward the application along with the report of the Police to the

District Level Authorisation Committee for Transplantation of Human Organs,

Ernakulam Medical College Hospital, Kalamassery - the 1 st respondent, within

three days from the date of receipt of a copy of this judgment. The 1st

respondent is directed to finalise the application, also taking into account the

report of the Police, at the earliest, at any rate, within two weeks from the date

of receipt of the application from the Local Approval Committee.

Sd/-

                                                 SHAJI P.CHALY

 smv                                                  JUDGE





                            APPENDIX OF WP(C) 10344/2023

PETITIONERS' EXHIBITS
Exhibit P1        A TRUE COPY OF THE RENAL BIOPSY REPORT DATED
                  07/05/2018 ISSUED BY AMRITA INSTITUTE OF

MEDICAL SCIENCES AND RESEARCH CENTRE, ERNAKULAM Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 22/03/2022 ISSUED BY THE PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA.

Exhibit P3 A TRUE COPY OF DISCHARGE SUMMARY DATED NIL ISSUED FROM MEDICAL TRUST HOSPITAL .

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 16/11/2022 ISSUED BY THE NEPHROLOGIST OF MEDICAL TRUST HOSPITAL .

Exhibit P5 A TRUE COPY OF THE PAMPHLET RELEASED FOR THE PURPOSE OF FUND-RAISING CAMPAIGN FOR THE FIRST PETITIONER'S TREATMENT Exhibit P6 A TRUE COPY OF THE JOINT APPLICATION DATED 30/01/2023 IN FORM 3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. Exhibit P7 A TRUE COPY OF THE DECLARATION CUM AFFIDAVIT DATED 30/01/2023 OF THE SECOND PETITIONER.

Exhibit P8 A TRUE COPY OF THE REQUEST DATED 04/01/2023 OF THE 2ND RESPONDENT ISSUED TO 4TH RESPONDENT .

Exhibit P9 A TRUE COPY OF THE REPORT DATED 04/03/2023 OF THE 4TH RESPONDENT GIVEN TO THE MEDICAL DIRECTOR OF THE MEDICAL TRUST HOSPITAL ERNAKULAM AS OBTAINED UNDER THE RTI ACT.