Kerala High Court
Sivakumar.D vs The District Level Authorization ... on 17 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
WP(C) NO. 17885 OF 2024
PETITIONERS:
1 SIVAKUMAR.D
AGED 51 YEARS, S/O. R.C.DEVARAJAN,
PADINJARE MADOM, RAPPAL, PARAPPUKKARA P.O.,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN - 680310
2 REMYA P.R.
AGED 33 YEARS, W/O. SINOJ C.G.,
CHIRATTAN HOUSE, KUZHUPPILLY P.O.,
ERNAKULAM DISTRICT, PIN - 682501
BY ADV.
SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FOR TRANSPLANTATION OF HUMAN ORGANS,
ERNAKULAM, ERNAKULAM MEDICAL COLLEGE
HOSPITAL, KALAMASSERY, PIN - 683104
REPRESENTED BY ITS CHAIRMAN
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
APOLLO ADLUX HOSPITAL, ANGAMALY, KARUKUTTY,
ERNAKULAM DISTRICT, PIN - 683576 EMAIL:
[email protected]
3 THE DEPUTY SUPERINTENDENT OF POLICE,
MUNAMBAM, DYSP OFFICE, NORTH PARAVUR P.O.,
ERNAKULAM DISTRICT, PIN - 683513
BY ADV.
SMT.RESMI THOMAS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.17885 of 2024
:2:
T.R. RAVI, J.
===================
W.P.(C)No.17885 of 2024
==========================
Dated this the 17th day of May, 2024
JUDGMENT
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].
In the above circumstances, this writ petition is disposed of
with the following directions:
(a) The petitioners may hand over all relevant
documents to the 2nd respondent - Convener of Local
Committee of Organ Transplantation, without a
'Certificate of Altruism' within a period of two weeks
from today.
(b) The 2nd respondent will forward the application,
along with all necessary documents, except 'Certificate
of Altruism', to the 1st respondent - District Level
Authorization Committee for Transplantation of Human
Organs (DLAC); within a period of one week from the
date of receipt of the same.
(c) On receipt of the application, the 1 st respondent -
DLAC, shall inform the petitioners and whether they
have to obtain a 'Certificate of Altruism' from the
concerned Police Authority and in that case, the
petitioners will be required to obtain and submit such
certificate.
(d) If the DLAC is of the opinion that no such
Certificate is required, they will complete the process
and issue necessary permission to the petitioners,
within a period of one month thereafter.
(e) In cases where such certificate is required, the
DLAC shall complete the process and issue necessary
permission to the petitioners within one month from
the receipt of the certificate.
(f) 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 consider the request and
issue the necessary certificate within two weeks from
the date on which the request is received, after making
all necessary enquiries.
Sd/-
T.R. RAVI
JUDGE
anm
APPENDIX OF WP(C) 17885/2024
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF IDENTIFICATION
CERTIFICATE OF THE PETITIONERS DATED
19.02.2024
Exhibit P2 THE TRUE COPY OF IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HER HUSBAND DATED 26.02.2024
Exhibit P3 THE TRUE COPY OF IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HER FATHER DATED 26.02.2024
Exhibit P4 THE TRUE COPY OF CERTIFICATE ISSUED BY
THE PRESIDENT OF PARAPPUKARA GRAMA
PANCHAYATH DATED NIL
Exhibit P5 THE TRUE COPY OF CERTIFICATE ISSUED BY
THE MEMBER OF KUZHUPPILLY GRAMA
PANCHAYATH DATED 27.02.2024
Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE
PETITIONERS ALONG WITH THE HUSBAND OF
THE DONOR DATED 12.03.2024
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE
DONOR DATED 12.03.2024
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE
HUSBAND OF THE DONOR DATED 12.03.2024
Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE
FATHER OF THE DONOR DATED 12.03.2024
Exhibit P10 THE TRUE COPY OF FORM 3 APPLICATION
SUBMITTED BY THE PETITIONERS DATED
17.04.2024
Exhibit P11 THE TRUE COPY OF FORM II APPLICATION
SUBMITTED BY THE PETITIONERS DATED
17.04.2024
Exhibit P12 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.10015/2024 OF THIS HON'BLE COURT
DATED 13.03.2024
RESPONDENTS' EXHIBITS : NIL.
