Sheela Kumari O vs State Of Kerala
2023 Latest Caselaw 3715 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                 WP(C) NO. 10333 OF 2023


PETITIONER:

         SHEELA KUMARI O.
         AGED 47 YEARS
         W/O. ANIL KUMAR,
         ABHILASH BHAVAN,
         CHERIKONAM,
         KANNANALLUR,
         THRIKOVILVATTOM P.O.,
         KOLLAM DISTRICT,
         PIN - 676576

         BY ADV. K.V.JAYADEEP MENON


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY,
         HEALTH AND FAMILY WELFARE DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 682031

    2    THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
         RENAL TRANSPLANTATION
         REPRESENTED BY ITS CHAIRMAN,
         THE PRINCIPAL,
         GOVERNMENT MEDICAL COLLEGE,
         THRISSUR, MEDICAL COLLEGE P.O.,
         THRISSUR DISTRICT,
         PIN - 680596

    3    THE DEPUTY SUPERINTENDENT OF POLICE
         CHATHANNUR,
         KOLLAM DISTRICT,
         KERALA,
         PIN - 691572
 W.P.(C.) No. 10333/2023           2




     4       NAFEESA
             AGED 45 YEARS
             W/O. MUHAMMED,
             VEETILAKATH HOUSE,
             THALAKKASSERY,
             KOTTAPADAM P.O.,
             PALAKKAD DISTRICT,
             PIN - 679534




             R1 TO R3 SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT
             PLEADER


      THIS     WRIT PETITION      (CIVIL) HAVING   COME UP   FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 10333/2023         3




                            JUDGMENT

Petitioner herein is the proposed donor to the fourth

respondent, namely, Nafeesa, aged 45 years, W/o.

Muhammed, Veetilakath House, Thalakkassery, Kottapadam

P.O., Palakkad - the fourth respondent who is a chronic

kidney patient. According to the petitioner, petitioner is a

voluntary kidney donor who has close and unbridled

bonding with the fourth respondent and her family. Anyhow

an application is submitted before the District Level

Authorisation Committee for Renal Transplantation, Medical

College, Thrissur - the second respondent. The grievance

of the petitioner is that so far the third respondent - the

Deputy Superintendent of Police, Chathannur, Kollam

District has not submitted a report which disables the

second respondent from passing an order in the application

submitted by the petitioner and the fourth respondent. It is

thus seeking appropriate directions, this writ petition is

filed.

2. I have heard learned counsel for the petitioner

Sri. Jayadeep Menon and learned Senior Government

Pleader, Smt. Deepa Narayanan and perused the pleadings

and material on record.

3. In view of the limited nature of order I propose to

pass, notice to the second respondent as well as the fourth

respondent is dispensed with.

4. There will be a direction to the Deputy

Superintendent of Police, Chathannur, Kollam District to

submit a report to the District Level Authorisation

Committee for Renal Transplantation, Medical College,

Thrissur within two weeks from the receipt of a copy of this

judgment.

5. The District Level Authorisation Committee for

Renal Transplantation is directed to take a decision in the

application submitted by the petitioner and the fourth

respondent, at the earliest, at any rate, within two weeks

from the date of receipt of the report from the third

respondent as directed above.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE DCS/29.03.2023

APPENDIX

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 11.08.2022 SUBMITTED TO THE LOCAL LEVEL COMMITTEE

- HOSPITAL

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 NIL

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED 12.12.2022 ISSUED BY THE PRESIDENT, THRIKOVILVATTOM GRAMA PANCHAYATH

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE CERTIFICATE DATED 23.08.2022 ISSUED BY THE PRESIDENT, PATTITHARA GRAMA PANCHAYATH

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE LETTER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT INFORMING THAT A LETTER HAS BEEN COMMUNICATED BY THEM FOR GETTING ALTRUISM CERTIFICATE FROM THE 3RD RESPONDENT

EXHIBIT P6 THE TRUE PHOTOCOPY THE LETTER DATED 08.03.2023 ISSUED FROM THE WEST FORT HI-TECH HOSPITAL LTD., THRISSUR