Prasad vs The State Of Kerala
2024 Latest Caselaw 11982 Ker

Kerala High Court

Prasad vs The State Of Kerala on 7 May, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR. JUSTICE JOHNSON JOHN
  TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                   WP(C) NO. 16726 OF 2024
PETITIONERS:

    1     PRASAD, AGED 46 YEARS, S/O. MOHANAN,
          RESIDING AT KOZHIKKANAKKAN, VALAPPAD P.O.,
          VALAPPAD VILLAGE, CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 680567
    2     ABDUL SUBHAN, AGED 29 YEARS,
          S/O. MUHAMMED MUSTAFA, JAMEELA MANZIL,
          JUBILEE ROAD, PERINTHALMANNA VILLAGE,
          PERINTHALMANNA TALUK, MALAPPURAM DISTRICT,
          PIN - 679322.
          BY ADVS.K.V.JAYADEEP MENON,
          T.P.RAMESH (THENGUMPILLIL),
          P.KRISHNAPRIYA


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
          WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,, PIN - 695001.
    2     THE DISTRICT LEVEL AUTHORISATION COMMITTEE FOR
          RENAL TRANSPLANTATION, REPRESENTED BY ITS
          CHAIRMAN, THE PRINCIPAL, GOVERNMENT MEDICAL
          COLLEGE, KALAMASSERY P.O., ERNAKULAM DISTRICT,
          PIN - 683104
    3     THE LOCAL LEVEL COMMITTEE FOR RENAL
          TRANSPLANTATION, REPRESENTED BY ITS
          CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST
          HOSPITAL REPRESENTED BY ITS MEDICAL DIRECTOR,
          MAHATHMA GANDHI ROAD, PALLIMUKU,
          ERNAKULAM DISTRICT, PIN - 682016
          BY ADV R.S.KALKURA
          SRI.BINOY DAVIS, GOVERNMENT PLEADER FOR R1 & R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.16726 of 2024                  2




                            JOHNSON JOHN, J.
                  -----------------------------------------------
                        W.P(C) No.16726 of 2024
                  -----------------------------------------------
                 Dated this the 7th day of May, 2024.

                                JUDGMENT

Heard.

2. It is represented by the learned Standing counsel for

the third respondent that the third respondent has no objection in

receiving and forwarding the application of the petitioners to the

second respondent. In that circumstance, this writ petition is

allowed directing the third respondent to accept and forward the

application of the petitioners with all documents to the second

respondent as expeditiously as possible.

Writ petition is allowed as above.

Sd/- JOHNSON JOHN, JUDGE.

amk

APPENDIX OF WP(C) 16726/2024

PETITIONERS' EXHIBITS :

Exhibit-P1 TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM -3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 16.01.2024 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT HOSPITAL.

Exhibit-P2 TRUE PHOTOCOPY OF THE APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM LIVING DONOR UNDER FORM 11 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 19.09.2023 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT HOSPITAL.

Exhibit-P3 TRUE PHOTOCOPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 16.01.2024.

Exhibit-P4 TRUE PHOTOCOPY OF THE LETTER DATED 10.06.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DEMANDING THE POLICE VERIFICATION CERTIFICATE.