Sibi Joseph vs State Of Kerala
2024 Latest Caselaw 31390 Ker

Kerala High Court

Sibi Joseph vs State Of Kerala on 2 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:81442


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

   SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

                        WP(C) NO. 37861 OF 2024

PETITIONER/S:

    1     SIBI JOSEPH
          AGED 45 YEARS
          S/O JOSEPH THOMAS, NELLANICKAL HOUSE, THADIYAMPADU,
          PEPPARRA, IDUKKI, PIN - 685602.

    2     SOUMYA S
          AGED 36 YEARS
          D/O SATHEESAN P K, NALARUPATHILCHIRA, KUNNUMA,
          THAKAZHY, ALAPPUZHA, PIN - 688562.


          BY ADVS.
          SYAM J SAM
          DANIEL MATHEWS KOSHY
          AMALJITH V.




RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND
          FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     DISTRICT LEVEL ORGAN TRANSPLANTATION AUTHORIZATION
          COMMITTEE
          GOVERNMENT MEDICAL COLLEGE, KALAMASSERY, ERNAKULAM,
          REPRESENTED BY ITS CHAIRMAN, PIN - 682033.

    3     THE CHAIRMAN
          DISTRICT LEVEL ORGAN TRANSPLANTATION AUTHORIZATION
                                                        2024:KER:81442
WP(C) NO. 37861 OF 2024             2


             COMMITTEE, GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
             ERNAKULAM, PIN - 682033.

     4       DEPUTY SUPDT. OF POLICE, AMABALAPUZHA
             AMBALAPPUZHA POLICE STATION RD, AMBALAPUZHA, KERALA,
             PIN - 688561.

     5       LAKESHORE HOSPITAL AND RESEARCH CENTRE LTD.
             MARADU NETTOOR PO KOCHI, PIN - 682040.

 *ADDL R6 CHAIRMAN, LOCAL LEVEL AUTHORIZATION COMMITTEE (LLAC),
          LAKESHORE HOSPITAL AND RESEARCH CENTRE LTD. MARADU,
          KOCHI, PIN-682 040
          *(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 30.10.2024 IN
          IA NO.1/2024 IN WP(C) NO.37861/2024)


             SMT. DEEPA NARAYANAN, SR. GP.
             SRI. ABEL TOM BENNY, SC FOR LAKESHORE HOSPITAL


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2024:KER:81442
WP(C) NO. 37861 OF 2024              3



                               JUDGMENT

The 1st petitioner is a kidney patient and suffering from

CKD Stage 5 and requires cogent renal transplant. The 2 nd

petitioner has volunteered to donate her organ for conducting

the transplantation surgery. As the petitioners are not near

relatives, they have to submit a joint application as provided

under Section 9(5) of the Transplantation of Human Organs

and Tissues Act, 1994. For that purpose, the petitioners applied

for certificate of altruism from the 4th respondent which stands

declined by Ext.P5. Hence, this writ petition.

2. The refusal on the part of the 4 th respondent to issue

certificate of altruism does not prevent the petitioners from

filing the joint application. If the application is submitted

before the 2nd respondent committee, it is bound to consider

the same and take a decision thereon.

The writ petition is hence disposed of, permitting the 2024:KER:81442

petitioners to submit the joint application before the 2 nd

respondent along with all requisite documents, including

Ext.P5. On such application being filed, the 2 nd respondent shall

take a decision thereon within three weeks, strictly in

accordance with Rule 7 of the Transplantation of Human

Organs and Tissues Rules, 2014.

Sd/-

V.G.ARUN JUDGE Sru 2024:KER:81442

APPENDIX OF WP(C) 37861/2024

PETITIONERS EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TREATMENT RECORD FROM BADR-AL-SAMA GROUP OF HOSPITALS DATED 28/09/2024.

Exhibit P2 FURTHER DIAGNOSIS FROM LAKESHORE HOSPITAL KOCHI DATED 09/10/2024.

Exhibit P3 THE TRUE COPY OF THE STATEMENT FILED BY THE WIFE OF THE PETITIONER REGARDING HER INABILITY TO DONATE HER KIDNEY.

Exhibit P4 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER'S BROTHER BY THE ARMY STATING THAT HE CANNOT DONATE HIS ORGANS DURING SERVICE DATED 07/09/2024.

Exhibit P5 THE TRUE COPY OF THE REJECTION LETTER BY THE FOURTH RESPONDENT DATED 25/09/2024.