Tejimon E.M vs The District Level Authorization ...
2023 Latest Caselaw 10584 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                          WP(C) NO. 33457 OF 2023
PETITIONERS:

     1       TEJIMON E.M.
             AGED 52 YEARS
             S/O. N.MOHANAN, EAMTHUMKAL HOUSE, KOLANI P.O.,
             THODUPUZHA, IDUKKI DISTRICT, PIN - 685608
     2       JASMINE C.J.,
             AGED 28 YEARS
             W/O. JOMON, VADAKKANPARAMBIL HOUSE, PATHIRAPPALLYP.O.,
             POONKAVU, ALAPPUZHA DISTRICT, PIN - 688007
             BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

     1       THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
             TRANSPLANTATION OF HUMAN ORGANS, ALAPPUZHA,
             ALAPPUZHA MEDICAL COLLEGE HOSPITAL, ALAPPUZHA ,
             REPRESENTED BY ITS CHAIRMAN., PIN - 688005
     2       THE CONVENER,
             LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, LISSIE
             HOSPITAL, LISSIE HOSPITAL ROAD, KATHRIKADAVU, ERNAKULAM
             DISTRICT, PIN - 682017
     3       THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA,
             DY.S.P. OFFICE, ALAPPUZHA P.O., PIN - 688001


             SMT. VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33457 OF 2023
                                  2



                             JUDGMENT

When this matter was called today, the

learned Government Pleader - Smt.Vidya

Kuriakose and learned counsel for the

petitioner - Smt.Rahanath, were ad idem that

the issues involved in this case have already

been answered by this Court in Soubiya v.

District Level Authorisation Committee for

Transplantation of Human Organs, Ernakulam

[2023 (6) KHC 293]. They prayed that,

therefore, this writ petition also be ordered in

terms of the directions issued therein.

In the afore circumstances, I allow this

writ petition with the following directions:

a) The 2nd respondent - Convener of the

Local Committee of Organ Transplantation of the

Hospital concerned, will forward the WP(C) NO. 33457 OF 2023

applications of the petitioners, along with all

necessary documents, except 'Certificate of

Altruism', to the 1st respondent - DLAC; and

this shall be done within a period of one week

from the date of receipt of a copy of this

judgment.

b) On the afore applications reaching the

1st respondent - DLAC, its competent Authority

will notify the petitioners and inform them

whether they have to obtain a 'Certificate of

Altruism' from the concerned Police Authority.

c) If the DLAC is to find that no such

Certificate is required in these cases, they

will complete the processes, leading to

necessary permissions to be granted to the

petitioners, within a period of one month

thereafter.

d) However, if, on the contrary, the DLAC is WP(C) NO. 33457 OF 2023

to find that 'Certificates of Altruism' are

required to be obtained by the petitioners, they

will intimate them of such within a period of

two weeks from the date on which they receive

applications from the 2nd respondent; upon

which, the petitioners will be required to

obtain the same and produce it before the said

Authority, as per law.

e) On the afore being done, the DLAC will

take a final decision on the petitioners'

request, within a period of one month from the

date on which such Certificate is produced.

f) Needless to say, if the 1st respondent

calls upon the petitioners to obtain a

'Certificate of Altruism', the 3rd respondent -

Deputy Superintendent of Police, or such other

competent Authority, will act upon the

applications for such to be made before them; WP(C) NO. 33457 OF 2023

and will issue necessary certificates without

any avoidable delay, but not later than two

weeks from the date on which it is received by

them, after making all necessary enquiries.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 33457 OF 2023

APPENDIX OF WP(C) 33457/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 19.07.2023 Exhibit P2 THE TRUE COPY OF THE AFFIDAVIT OF THE 1STPETITIONER DATED 27.09.2023 Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 27.09.2023 Exhibit P4 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 27.09.2023 Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE 2ND PETITIONER DATED 27.09.2023 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE FATHER OF THE 2ND PETITIONER DATED 27.09.2023 Exhibit P7 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 27.09.2023 Exhibit P8 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 18.09.2023