Faisal vs The District Level Authorization ...
2024 Latest Caselaw 31115 Ker

Kerala High Court

Faisal vs The District Level Authorization ... on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:81250


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 1ST DAY OF NOVEMBER 2024/10TH KARTHIKA, 1946

                       WP(C) NO. 37245 OF 2024



PETITIONERS:



    1     FAISAL
          AGED 54 YEARS, S/O. KADER,
          VATTAMPARAMBIL HOUSE, AVIYOOR, EDAKKARA P.O.,
          PUNNAYUR, EDAKKAZHIYUR, CHAVAKKAD,
          THRISSUR DISTRICT, PIN - 680518

    2     LISNA VINCENT
          AGED 28 YEARS, W/O. JIBIN JOSEPH,
          KALLARAKKAL HOUSE, PUTHENVELIKARA P.O.,
          PARAVUR TALUK, ERNAKULAM DISTRICT,
          PIN - 683594

          BY ADV C.M.MOHAMMED IQUABAL



RESPONDENTS:



    1     THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
          TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM
          ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
          REPRESENTED BY ITS CHAIRMAN, PIN - 683104

    2     THE CONVENER
          LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
          MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT,
          PIN - 682016
 WP(C) NO. 37245 OF 2024
                                    2
                                                           2024:KER:81250


     3      THE DEPUTY SUPERINTENDENT OF POLICE, PARAVUR
            DY.S.P. OFFICE, PARAVUR P.O.,
            ERNAKULAM DISTRICT, PIN - 683513

            SRI. P.S. APPU, GP.
            SRI. R.S. KALKURA FOR R2.


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37245 OF 2024
                                        3
                                                               2024:KER:81250


                               JUDGMENT

Dated this the 1st day of November, 2024

The limited prayer in this writ petition

is for a direction to the 2nd respondent to forward the

applications seeking approval for conducting the

transplantation surgery of the 1st petitioner with the

organ donated by the 2nd petitioner.

2. Learned Counsel for the petitioner

contends that this Court has time and again held that

the Local Committee of Organ Transplantation cannot

insist on production of certificate of altruism as a

condition for acting upon the applications and that, if

at all such a certificate is required, it is for the District

Level Authorization Committee to call for it.

3. Heard the learned Government Pleader

and the Counsel for the 2nd respondent.

4. As rightly contended, the 2nd

respondent cannot insist on production of certificate of WP(C) NO. 37245 OF 2024

2024:KER:81250

altruism, as a condition for accepting and forwarding

the applications.

The writ petition is hence disposed of,

directing the petitioners to submit the application

along with requisite documents, and directing the 2nd

respondent to forward the application without insisting

on production of the certificate of altruism issued by

the 3rd respondent. The needful in this regard shall be

done immediately on submission of the application.

Sd/-

V.G.ARUN

JUDGE ARK WP(C) NO. 37245 OF 2024

2024:KER:81250

APPENDIX OF WP(C) 37245/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 08.07.2024

EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER MOTHER DATED 08.07.2024

EXHIBIT P3 THE TRUE COPY OF CERTIFICATE ISSUED BY PRESIDENT OF PUTHENVELIKARA GRAMA PANCHAYATH DATED 17.07.2024

EXHIBIT P4 THE TRUE COPY OF CERTIFICATE ISSUED BY PRESIDENT OF PUNNAYUR GRAMA PANCHAYATH DATED 20.07.2024

EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF PETITIONERS DATED 29.07.2024

EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF 2ND PETITIONER DATED 29.07.2024

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF 2ND PETITIONER DATED 29.07.2024

EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF 2ND PETITIONER DATED 29.07.2024

EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 21.10.2024

EXHIBIT P10 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 21.10.2024