Hashim M.H vs The State Of Kerala
2024 Latest Caselaw 15803 Ker

Kerala High Court

Hashim M.H vs The State Of Kerala on 6 June, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) No.20170/2024                         1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
             Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
                           WP(C) NO. 20170 OF 2024 (U)
   PETITIONERS:

      1. HASHIM M.H, AGED 46 YEARS, S/O, HANEEF, MOOLAMPARAMBIL, 7/366,
         KOCHANGADI, MATTANCHERRY, S.O. ERNAKULAM., PIN - 682002
      2. ALPHONSA SONIA, AGED 36 YEARS, W/O. JOSEPH K.A, KURISINGAL HOUSE,
         CHELLANAM, ERNAKULAM., PIN - 682008

   RESPONDENTS:

      1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
         WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN
         - 695001
      2. THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL TRANSPLANTATION
         ITS CHAIRMAN/THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY
         P.O., ERNAKULAM., PIN - 683104
      3. THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY
         ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL, MG ROAD,
         PALLIMUKU, ERNAKULAM., PIN - 682016
      4. ASSISTANT COMMISSIONER OF POLICE MATTANCHERY POLICE SUB DIVISION
         (UNDER THE COMMISSIONER OF POLICE KOCHI CITY), MATTANCHERRY,
         ERNAKULAM DISTRICT., PIN - 682002

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 3rd respondent to accept, process and forward
   Exhibit P2 application to the 2nd respondent forthwith in view of Exhibit-
   P6, pending disposal of the above writ petition in the interest of
   justice.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.AMALENDU N.S & BASIL MECHERY, Advocates for the petitioners,
   GOVERNMENT PLEADER for R1, R2 & R4 (By Order) and of learned counsel for
   R3 (By Order), the court passed the following:
                                      ORDER

Admit. Government Pleader takes notice for respondents 1, 2 and 4. 3rd respondent appears through counsel.

If the petitioners submit the application along with supporting documents to the 3rd respondent, the 3rd respondent shall forward the same to the 2nd respondent within one week of receipt of the same. The petitioners need not produce the Police verification report at this stage.

Sd/- T.R.RAVI, JUDGE

06-06-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 20170/2024 Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED 24.05.2024 IN FORM NO. 11 OF TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) 16179 OF 2024 DATED 03.05.2024 OF THIS HON'BLE COURT.