Kerala High Court
Joji C Antony vs The State Of Kerala on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 16990 OF 2024
PETITIONERS:
1 JOJI C. ANTONY
AGED 55 YEARS
S/O. ANTONY,
RESIDING AT CHOWARAN HOUSE,
MATTOOR VILLAGE,
KALADI P.O.,
ALUVA, ERNAKULAM,
PIN - 683 574.
2 PRAVEEN
AGED 36 YEARS
S/O. RAMEN C. S,
RESIDING AT CHEMBAN HOUSE,
EDATHIRUTHY VILLAGE,
KUNDALIYUR P.O.,
CHAVAKKAD, THRISSUR,
PIN - 680 567.
BY ADVS.
SAYUJYA RADHAKRISHNAN
K.R.RAJEEV KRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695 001.
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FOR RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN,
THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE,
KALAMASSERRY P.O.,
ERNAKULAM,
PIN - 683 104.
WP(C).No.16990 OF 2024
2
3 THE LOCAL LEVEL COMMITTEE FOR RENAL
TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
MEDICAL TRUST HOSPITAL,
MG ROAD,
PALLIMUKU, ERNAKULAM,
PIN - 682 016.
4 DEPUTY SUPERINTENDENT OF POLICE
KODUNGALLOOR POLICE SUB-DIVISION,
AYYANTHOLE,
THRISSUR,
PIN - 680 003.
SRI. SREEJITH V. S - GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.16990 OF 2024
3
JUDGMENT
This writ petition is filed for the following
reliefs:-
"I. Issue a writ in the nature of mandamus or
any other appropriate writ, order or direction,
commanding the respondents 1 to 4 to comply
with the judgment in Soubiya v. District Level
Authorisation Committee for Transplantation of
Human Organs, Ernakulam [2023 (6) KHC
293) forthwith,
II. Issue a writ in the nature of mandamus or
any other appropriate writ, order or direction,
commanding the respondent No.2 to pass
appropriate final order in the case of the
petitioners within a time frame as may be fixed
by this Hon'ble Court;
III. Issue a writ In the nature of mandamus or
any other appropriate writ, order or direction,
commanding the respondent No.3 to forward all
the documents necessary in the case of the
petitioners to the 2nd respondent forthwith;
IV. Issue a writ In the nature of mandamus or
any other appropriate writ, order or direction,
commanding the respondent No.4 to issue a
certificate of Altruism forthwith;
V. Issue any such other appropriate writ, order or
direction as this Hon'ble Court deems fit and
proper considering the circumstances of the
case in the interest of justice including awarding
of cost of these proceedings."
WP(C).No.16990 OF 2024
2. It is submitted by the learned Government
Pleader, on instructions, that the petitioners have
not so far submitted any application for Altruism.
3. The learned counsel for the petitioners
submits that an application has already been
submitted and in case that is not found in the files
of the authority, the petitioners shall provide a
further copy.
4. The issues involved in this case have
already been answered by this Court in Soubiya v.
District Level Authorisation Transplantation of
Committee Human Organs, for Ernakulam
[2023 (6) KHC 293].
Therefore, this writ petition is disposed of in
terms of the following directions:-
(a) The petitioners are hereby granted liberty to
hand over all relevant documents to the Chairman of
Local Level Committee for Renal Transplantation, the
3rd respondent without a 'Certificate of Altruism' and
WP(C).No.16990 OF 2024
this shall be done within a period of two weeks from
today.
(b) The 3rd respondent - Chairman of Local Level
Committee for Renal Transplantation of the Hospital
concerned, will forward the application of the
petitioners, along with all necessary documents,
except 'Certificate of Altruism', to the 2nd respondent
- District Level Authorization Committee for Renal
Transplantation (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 aforesaid application 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.
(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
WP(C).No.16990 OF 2024
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 3rd
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 aforesaid 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 2 nd 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 application for such to be made before
WP(C).No.16990 OF 2024
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/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.16990 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE PHOTOCOPY OF THE MEDICAL
CERTIFICATE OF THE 1ST PETITIONER
DT.02.05.2024.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE FORM 11
APPLICATION DATED NIL.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE FORM 3
APPLICATION DT.26.04.2024.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE NOTARISED
AFFIDAVIT DT.26.04.2024 OF THE 2ND
PETITIONER.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE NOTARISED
AFFIDAVIT DT.26.04.2024 OF THE 2ND
PETITIONER GIVING HIS CONSENT FOR ORGAN
TRANSPLANT TO THE 1ST PETITIONER.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER
DT.23.02.2024 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE JUDGMENT
DT.26.09.2023 IN W.P.(C) NO.30984 OF
2023.
RESPONDENTS EXHIBITS: NIL.
