Rajesh P.R vs The State Of Kerala
2024 Latest Caselaw 31223 Ker

Kerala High Court

Rajesh P.R vs The State Of Kerala on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:81405


               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. 16742 OF 2024



PETITIONERS:

    1     RAJESH P.R.
          AGED 38 YEARS, S/O. RAJAN,
          RESIDING AT PAMBUNGAL HOUSE, POOKODE,
          PALAKUNNU, ALAGAPPA NAGAR, VARAAKKARA P.O.,
          AMBALLOOR VILLAGE, MUKUNDHAPURAM TALUK,
          THRISSUR DISTRICT, PIN - 680302

    2     MUSTHAFA KAKKATTIL
          AGED 51 YEARS, S/O. KAKKATTIL MOHAMMED ALI HAJI,
          MAMBRA KAKKATTIL HOUSE, PATHIRAMANNA,
          PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
          PERINTHALMANNA TALUK, MALAPPURAM DISTRICT,
          PIN - 679321

          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
 WP(C) NO. 16742 OF 2024
                                    2
                                                           2024:KER:81405


     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. P.S. APPU, GP.
            SRI. R.S. KALKURA FOR R3.


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16742 OF 2024
                                         3
                                                                 2024:KER:81405


                                JUDGMENT

Dated this the 1st day of November, 2024

When the writ petition is taken up for

consideration, learned Counsel appearing for the 3 rd

respondent submitted that the petitioners' application

has already been forwarded to the 2nd respondent.

2. Learned Counsel for the petitioners

submits that the 2nd respondent is yet to take a decision

on the application.

The writ petition is hence disposed of, directing

the 2nd respondent to pass orders on the petitioners'

application, within two weeks of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 16742 OF 2024

2024:KER:81405

APPENDIX OF WP(C) 16742/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM -3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 21.03.2024 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 27.04.2024 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT HOSPITAL

EXHIBIT-P3 TRUE PHOTOCOPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 21.03.2024

EXHIBIT-P4 TRUE PHOTOCOPY OF THE LETTER DATED 18.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DEMANDING THE POLICE VERIFICATION CERTIFICATE