Kerala High Court
R Unnikrishnan vs The District Level Authorising ... on 20 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6595 OF 2024
PETITIONERS:
1 R UNNIKRISHNAN, AGED 45 YEARS
S/O S RAMAKRISHNAN NAIR, VADASSERY,
GEETHANJALI, MADTHUMPADY, THRISSUR,
PIN - 680733
2 NISHA GOPI, AGED 44 YEARS, W/O SURESH K.S,
PLAKULATHIL HOUSE, PAIPPAD, PALLIKKACHIRA P.O,
KOTTAYAM, PIN - 686537
BY ADVS.
M.A.SULFIA
ABDUL JALEEL.A
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORISING COMMITTEE
CONSTITUTED UNDER THE TRANSPLANTATION OF
HUMAN ORGANS AND TISSUES ACT REPRESENTED
BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
KALAMASSERY ERNAKULAM, PIN - 683503
2 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION
LAKE SHORE HOSPITALS, MARADU, NETTOOR P.O, KOCHI,
REPRESENTED BY ITS CONVENER., PIN - 682040
3 THE DEPUTY SUPERINTENDENT OF POLICE
NEAR CHANTHA ROAD, CHANGANASSERY, KOTTAYAM,
KERALA, PIN - 686101
4 STATION HOUSE OFFICER, CHANGANASSERY POLICE
STATION, KOTTAYAM, PIN - 686101
SMT.VIDYA KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 6595/24
2
JUDGMENT
When this matter was called today, the learned Government
Pleader - Smt.Vidya Kuriakose and learned counsel for the petitioners
- Smt.Sulfiya M.A., 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 petitioners are hereby granted liberty to hand over all
relevant documents to the 2nd respondent - Local Approval
Commmittee of Organ Transplantation, without a 'Certificate of
Altruism' and this shall be done within a period of two weeks from
today.
(b) The 2nd respondent will forward the application of the
petitioners, along with all necessary documents, except 'Certificate of
Altruism', to the 1st respondent - District Level Authorization
Committee for Transplantation of Human Organs (DLAC); and this
shall be done within a period of one week from the date of receipt
of a copy of this judgment.
(c) On the afore application reaching the 1st respondent, its
competent Authority will notify the petitioners and inform them
whether they have to obtain a 'Certificate of Altruism' from the
concerned Police Authority.
(d) If the DLAC is to find that no such Certificate is required
in this case, they will complete the processes, leading to necessary
permissions to be granted to the petitioners, within a period of one
month thereafter.
(e) However, if, on the contrary, the DLAC is to find that
'Certificate of Altruism' is 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 application 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.
(f) 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.
(g) Needless to say, if the 1st respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the 3 rd respondent -
Deputy Superintendent of Police, or such other competent Authority,
will act upon the application for such to be made before them; and
will issue necessary certificate 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/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 6595/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MEDICAL REPORT &
TREATMENT PLAN OF LAKE SHORE HOSPITAL
DATED 29/12/2023 ISSUED BY DIRECTOR,
NEPHROLOGY AND CHIEF OF RENAL TRANSPLANT
SERVICE
Exhibit P2 THE TRUE COPY OF THE REQUEST LETTER DATED
05/10/2023 FORWARDED BY HOSPITAL AUTHORITY
Exhibit P3 THE TRUE COPY OF THE APPLICATION UNDER
FORMS 3 DATED 6/10/2023
Exhibit P4 THE TRUE COPY OF AFFIDAVIT JOINTLY SWORN
BY 1ST PETITIONER DONEE AND 2ND PETITIONER
DONOR DECLARING THE HEALTH CONDITION OF
DONEE AND HIS URGENT REQUIREMENT OF
TRANSPLANTATION AND ALSO ABOUT THE
AWARENESS OF THE LAWS RELATING TO ORGAN
DONATION AND PUNISHMENT FOR VIOLATION OF
SUCH LAWS DATED 6/10/2023
Exhibit P5 THE TRUE COPY OF CONSENT LETTER DATED
6/10/2023 BY 2ND PETITIONER/DONOR
Exhibit P6 THE TRUE COPY OF CONSENT LETTER BY HUSBAND
OF DONOR DATED 06/10/2023
Exhibit P7 THE TRUE COPY OF CONSENT LETTER BY
DAUGHTER OF DONOR DATED 06/10/2023
