Kerala High Court
Abdul Gafoor K.K vs The State Of Kerala on 3 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(C) NO. 16179 OF 2024
PETITIONERS:
1 ABDUL GAFOOR K.K
AGED 48 YEARS
S/O. KUNHABDULLA HAJI, KELAPPANKANDI HOUSE,
KOTTAPPALLI, KOZHIKODE,, PIN - 673542
2 ARUN SINGH
AGED 32 YEARS
C/O. RAJAN, POLIYEDATH HOUSE, PUTHENPEEDIKA,
VADAKKUMMURI, ANTHICAD, THRISSUR,, PIN - 680642
BY ADVS.AMALENDU N.S.
BASIL MECHERY
NIMISHA GEORGE
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
REPRESENTED BY 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
WP(C) No.16179/2024
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4 DEPUTY SUPERINTENDENT OF POLICE
IRINJALAKUDA SUB DIVISION (UNDER THE ADDL.
SUPERINTENDENT OF POLICE),
THRISSUR DISTRICT., PIN - 695141
OTHER PRESENT:
SRI.R.S.KALAKURA, SRI.E.G.GORDEN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16179/2024
-:3:-
J U D G M E N T
The present writ petition has been filed for a direction to the
3rd respondent to accept and forward Ext.P2 to the 2nd
respondent.
2. The 1st petitioner is a Stage V Chronic Kidney Disease
patient waiting for kidney transplantation. The 2nd petitioner who
is a close family friend of the 1st petitioner has voluntarily
consented to give his kidney to the 1 st petitioner. According to the
petitioners, they have prepared Ext.P2 joint application in Form
No.11 supported by all relevant documents for submission before
the 3rd respondent as prescribed in the Transplantation of Human
Organs and Tissues Rules, 2014. But, the 3 rd respondent is
refusing to accept and forward their joint application to the 2 nd
respondent - District Level Authorization Committee (DLAC) on
the ground of non production of Police Clearance Certificate
('PCC') from the 4th respondent. It is in these circumstances, the
petitioners have approached this Court.
3. Heard Adv.Amalendun.S, the learned counsel for the
petitioner, Adv.R.S. Kalkura, the learned standing counsel
appearing for the 3rd respondent and Adv.E.G.Gorden, the learned
Senior Government Pleader for the respondents.
4. The counsel submitted that the health condition of the
1st petitioner is deteriorating day by day and it became urgent to
conduct Renal Transplantation at the earliest to save his life. The
learned counsel for petitioners relied on the dictums laid down in
Shoukath Ali Pullikuzhiyil & Another v. District Level Authorization
Committee and Others [2017 (3) KHC 259] and Soubiya v. District
Level Authorization Committee for Transplantation of Human
Organs, Ernakulam [2023 (6) KHC 293].
5. In Shoukath Ali (supra), it was held that verification
through police as a routine manner in all cases should generally
be avoided and if Authorization Committee doubts genuineness
of claims or bona fides of persons or genuineness and bona fides
of the documents produced, verification through police can be
ordered. In Soubiya (supra), it was held that the question whether
police clearance certificate is necessary or not should be left to
DLAC.
In the light of the dictum laid down in the above decisions,
this writ petition is ordered in the following manner:
(a) The 3rd respondent - The Local Level Committee for
Renal Transplantation of the Hospital concerned will forward the
applications of the petitioners along with all necessary
documents, except 'Certificate of Altruism', to the 2 nd respondent-
DLAC. It shall be done within a period of one week from the date
of receipt of a copy of this judgment.
(b) On the applications reaching the 2 nd 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 finds 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.
(d) 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 applications from the
3rd 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) If the 2nd respondent calls upon the petitioners to
obtain a 'Certificate of Altruism', the 4th respondent-Deputy
Superintendent of Police, or such other competent authority will
act upon the applications for such to be made before them; 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.
Writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Rp
APPENDIX OF WP(C) 16179/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 12.10.2023 ISSUED TO THE 1ST
PETITIONER BY DR. MOHAMMED IQUBAL. P.H.,
CONSULTANT NEPHROLOGIST, (REG.NO:20782)
OF MEDICAL TRUST HOSPITAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED
08.04.2024 IN FORM NO. 11 OF
TRANSPLANTATION OF HUMAN ORGANS AND
TISSUES RULES, 2014.
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE
2ND PETITIONER BEFORE THE NOTARY PUBLIC
ON 08.04.2024 BY GIVING HER CONSENT TO
DONATE HIS KIDNEY TO THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED
18.01.2024 SWORN BY THE 1ST AND 2ND
PETITIONER BEFORE THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 13.10.2023
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN `SOUBIYA V.
DISTRICT LEVEL AUTHORISATION COMMITTEE
FOR TRANSPLANTATION OF HUMAN ORGANS,
ERNAKULAM (2023 (6) KHC 293)' ALONG WITH
ITS CONNECTED CASE.
