Kerala High Court
Maithri R vs State Of Kerala on 1 August, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 27427 OF 2024
PETITIONERS:
1 MAITHRI R
AGED 49 YEARS
W/O RAVINDRA K S, KMC 18/197,
AMEY ROAD,
KASARGOD DIST., PIN - 671121
2 MANU M M
AGED 34 YEARS
S/O MADHUSOODANAN M R MULLAKKAL HOUSE,
VARIKULAM, KATTILAPOOVAM P O,
TRISSUR DIST -, PIN - 680028
BY ADVS.
SHIRAZ ABDULLA M.S.
K.ABDUL NASSAR
VISHNU DEV C.S.
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM .,
PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY
HEALTH & FAMILY WELFARE (B) DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DIST. LEVEL ORGAN TRANSPLANTATION AUTHORIZATION
COMMITTEE, GOVERNMENT MEDICAL COLLEGE,
ERNAKULAM, REP. BY THE CHAIRMAN, PIN - 683503
OTHER PRESENT:
SMT. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.27427 of 2024
2
JUDGMENT
Dated this the 01st day of August, 2024
Although various contentions are raised by the
learned Counsel for the petitioners, I find the
impugned Ext.P20 order to be unsustainable for the
reason that, except reproducing the findings of the
District Level Committee, there has been no
independent exercise of mind by the Appellate
Authority.
2. In cases of this nature, where the life of a
person is at stake, the Appellate Authority is bound
to independently assess the relevant aspects, rather
than placing its findings on the District Level
Committee's order alone. On that short ground
alone, Ext.P20 is quashed and the 2 nd respondent is
directed to reconsider the appeal filed by the
petitioners.
The decision, as directed above, shall be taken
within ten days of production of a certified copy of
this judgment. To effectuate proper consideration of
the appeal, the petitioners shall produce a copy of
the writ petition along with the certified copy of this
judgment.
The writ petition is disposed of accordingly.
Sd/-
V.G.ARUN
JUDGE
NB/1-8
APPENDIX OF WP(C) 27427/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE OF
THE 1ST PETITIONER, ISSUED FROM THE KUNJATHUR
VILLAGE OFFICE DTD 19-04-2024
EXHIBIT P2 A TRUE COPY OF THE UNFIT CERTIFICATE DTD 02-05-
2024 ISSUED BY DR. ABDULLA KP IN THIS REGARD
EXHIBIT P3 A TRUE COPY OF THE TREATMENT AND EVALUATION
SUMMARY OF THE PETITIONERS, ISSUED BY THE
RAJAGIRI HOSPITAL, ALUVA
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF ALTRUISM,
ISSUED TO THE PETITIONERS, BY THE ASST.
COMMISSIONER OF POLICE, THRISSUR - CITY DTD 11-
04-2024
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF RELATIONSHIP
OF THE 2ND PETITIONER, ISSUED BY THE VILLAGE
OFFICER, MADAKKATHARA DTD 16-05-2024
EXHIBIT P6 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE
OF THE PETITIONERS ISSUED BY THE VILLAGE
OFFICER, MADAKKATHARA DTD 19-04-2024
EXHIBIT P7 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE
OF THE 2ND PETITIONER AND HIS WIFE - ANIMOL,
ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA DTD
NIL
EXHIBIT P8 A TRUE COPY OF THE IDENTIFICATION CERTIFICATE
OF THE 2ND PETITIONER AND HIS BROTHER - MIDHUN
MM ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA
DTD NIL
EXHIBIT P9 A TRUE COPY OF CONSENT LETTER OF THE 2ND
PETITIONER, DTD 20-04-2024
EXHIBIT P10 A TRUE COPY OF THE AFFIDAVIT BY THE 1ST
PETITIONER, DTD 20-04-2024
EXHIBIT P11 A TRUE COPY OF THE AFFIDAVIT BY THE 2ND
PETITIONER, DTD 20-04-2024
EXHIBIT P12 A TRUE COPY OF THE AFFIDAVIT BY ANIMOL - WIFE
OF 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P 13 A TRUE COPY OF THE AFFIDAVIT BY MIDHUN MM -
BROTHER OF 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P14 A TRUE COPY OF THE AFFIDAVIT BY THE 2ND
PETITIONER DTD 17-04-2024
EXHIBIT P15 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
PETITIONERS AND ANIMOL DTD 20-04-2024
EXHIBIT P16 A TRUE COPY OF THE REPORT OF THE ORGAN
TRANSPLANT COMMITTEE, RAJAGIRI HOSPITAL, ALUVA,
REQUEST BY THE PETITIONERS, REASON FOR NOT
ACCEPTING KIDNEY FROM THE CLOSE RELATIVES OF
THE 1ST PETITIONER AND APPLICATION FOR APPROVAL
OF TRANSPLANTATION FROM LIVING DONOR PRODUCED
BY THE PETITIONERS BEFORE THE 3RD RESPONDENT
DTD 21-05-2024
EXHIBIT P17 A TRUE COPY OF THE AUTHORIZATION BY THE 1ST
PETITIONER DTD 21-05-2024
EXHIBIT P18 A TRUE COPY OF THE ORDER OF REJECTION BY THE
3RD RESPONDENT DTD 12-06-2024
EXHIBIT P19 A TRUE COPY OF THE JUDGMENT IN WP)C) NO.
23873/2024 DTD 04-07-2024
EXHIBIT P20 A TRUE COPY OF THE ORDER DTD 20-07-2024 PASSED
BY THE 2ND RESPONDENT
EXHIBIT P21 A TRUE COPY OF THE COMMUNICATION ISSUED BY
SENIOR CONSULTANT (NEPHROLOGY), RAJAGIRI
HOSPITAL, ALUVA DTD 27-07-2024
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
