Kerala High Court
Sreekala C vs The Principal Secretary on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 16412 OF 2023
PETITIONERS:
1 SREEKALA C
AGED 37 YEARS
W/O SREEJITH BPPV, SAYOOJYAM , PATTAYAM VALAPPIL,
KUTTIKKOL PO, KANNUR, PIN - 670562
2 MANJU MOL K K
AGED 40 YEARS
, D/O OF KRISHNAKUTTY, KANGIYATHRA, KADAVANTHRA PO,
ERNAKULAM-, PIN - 682020
BY ADVS.
P.C.ANIL KUMAR
MANU.M.THOMAS
P.SREESHA
RESPONDENTS:
1 THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM
REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL
COLLEGE, H.M.T. COLONY P.O., KALAMASSERY, KOCHI,, PIN -
683503
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16412 of 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 16412 of 2023
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Dated this the 24th day of May, 2023
JUDGMENT
This writ petition is filed with the following prayers:
i) Call for the records leading up to Exhibit
P4 & P5 and quash the same by issuance of a Writ of
Certiorari or any other appropriate writ, order or
direction and direct the 2nd respondent to grant
approval for unrelated renal transplantation among
the petitioners without any further delay.
ii) Pleased to dispense with English
translation of the documents produced here with.
2. It is stated that the 1st petitioner is suffering
from acute kidney failure and she is undergoing treatment
for IgA Nephropathy at Medical Trust Hospital, Ernakulam.
It is stated that her health condition is worst and can
happen anything at any time. The 2 nd petitioner is ready to
donate kidney to the 1st petitioner. Since the 2nd petitioner
is not a relative of the 1st petitioner, the petitioners filed an
WP(C)No.16412 of 2023
application before the 2nd respondent for permission. The
2nd respondent rejected the same as evident by Ext.P4.
Aggrieved by the same petitioners filed an appeal before
the appellate authority. The appeal is also dismissed as
evident by Ext.P5 order. Aggrieved by the same, the writ
petition is filed.
3. Heard learned counsel for the petitioner and the
learned Government Pleader.
4. The learned counsel for the petitioner reiterated
the contentions raised in this writ petition. The learned
Government pleader submitted that the authority
concerned considered all the aspects and rejected the
application and there is nothing to interfere in this case.
This Court considered the contention of the petitioner and
the respondents. Ext.P4 is the order passed by the original
authority. The reason mentioned in Ext.P4 to reject the
application is as follows:
" The relationship cannot be established financial
disparity and transaction, controversial statements."
5. The same is challenged before the appellate
WP(C)No.16412 of 2023
authority. The appellate authority simply ratified the order
passed by the original authority.
6. The learned Government Pleader submitted that
some reasons are mentioned by the appellate authority
while dismissing the petition. As per Rule 7(3) of
Transplantation of Human Organs and Tissues Rules, 2014,
the original authority has to considered certain facts while
considering applications like this. In clause (I) to (IX) of
Rule 7(3), the point to be considered by the authorization
committee while considering the application is clearly
mentioned. A perusal of Ext.P4 would not show that the
2nd respondent considered all the relevant materials in
tune with clause (I) to (IX) of Rule 7(3). It is true that
some observations are there in the order passed by the
appellate authority. The appellate authority can only look
into the materials collected by the original authority. The
original authority has to consider the matter in tune with
Rule 7(3). I am of the considered opinion that Exts.P4 and
P5 is to be set aside and the original authority has to
reconsider the matter strictly in accordance to Rule 7(3)
WP(C)No.16412 of 2023
(I) to (IX). The original authority will consider Rule 22 also
because the donor is a women.
Therefore this writ petition is allowed in the following
manner:
(i) Exts.P4 and P5 are set aside. The 2 nd
respondent is directed to reconsider the
application strictly in accordance to Rule 7(3) (I)
to (IX) and Rule 22 of Transplantation of Human
Organs and Tissues Rules, 2014, as expeditiously
as possible at any rate within two weeks from the
date of receipt of a certified copy of this judgment.
(ii) The petitioner will produce a certified copy of
this judgment along with the copy of this writ
petition before the 2nd respondent for compliance.
Sd/-
P.V KUNHIKRISHNAN
JUDGE
AP
WP(C)No.16412 of 2023
APPENDIX OF WP(C) 16412/2023
PETITIONER EXHIBITS
Exhibit P1 A PHOTO COPY OF THE BLOOD GROUP NON
MATCHING CERTIFICATED ISSUED BY THE ASST
SURGEON PRIMARY HEALTH CENTRE, KUTTIATOOR
DATED 05.08.2022
Exhibit P2 A PHOTO COPY OF THE CORTICATE ISSUED BY THE
MEDICAL TRUST HOSPITAL ERNAKULAM DATED
25.07.2022
Exhibit P3 A PHOTO COPY OF THE FORWARDING LETTER
ISSUED BY THE LOCAL COMMITTEE FOR
TRANSPLANT, MEDICAL TRUST HOSPITAL
ERNAKULAM DATED 16.12.2022
Exhibi P4 A PHOTO COPY OF THE ORDER DATED 01.02.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P5 A PHOTO COPY OF THE APPEAL ORDER DATED
09.04.2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P6 A PHOTO COPY OF THE CERTIFICATE DATED
19.10.2022 ISSUED BY THE ASST COMMISSIONER
OF POLICE, ERNAKULAM, KOCHI CITY
Exhibit P7 A PHOTO COPY OF THE CERTIFICATE ISSUED BY
THE HON'BLE MLA OF ERNAKULAM CONSTITUENCY,
SRI TJ VINOD DATED 18.11.2022
Exhibit P8 A PHOTO COPY OF THE CERTIFICATE DATED
03.11.2022 ISSUED BY THE COUNCILOR IN WARD
60 OF COCHIN CORPORATION, SRI LATHIKA KP
Exhibit P9 A PHOTO COPY OF THE CERTIFICATE ISSUED BY
THE CHAIRPERSON OF TALIPARAMBA MUNICIPALITY
SRI MURSHIDHA B DATED 14.09.2022
Exhibit P10 A PHOTO COPY OF THE INCOME CERTIFICATE
ISSUED BY THE VILLAGE OFFICER TALIPARAMBA
DATED 31.07.2022
Exhibit11 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO.
3730 OF 2023 DATED 08.02.2023
Exhibit12 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO.
4064 OF 2023 DATED 08.02.2023
