Kerala High Court
Muneera A.A vs The State Of Kerala on 7 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:82846
WP(C) NO. 39151 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 39151 OF 2024
PETITIONERS:
1 MUNEERA A.A
AGED 35 YEARS
D/O.ABDUL KHADHAR,
ALI PARAMBIL HOUSE, VALLIVATTOM,
THRISSUR., PIN - 680670
2 ATHIRA T.S
AGED 28 YEARS
W/O. SHALIK,
147/ THOPPIL HOUSE, VALLIVATTOM,
THRISSUR, PIN - 682008
BY ADV AMALENDU N.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM, REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM., PIN - 683104
3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION
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WP(C) NO. 39151 OF 2024
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REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR,
MEDICAL TRUST HOSPITAL, MG ROAD, PALLIMUKU,
ERNAKULAM., PIN - 682016
4 DEPUTY SUPERINTENDENT OF POLICE
KUNNAMKULAM POLICE SUB DIVISION
(UNDER THE ADDL. SUPERINTENDENT OF POLICE),
THRISSUR DISTRICT., PIN - 680503
BY ADVS.
DEEPA NARAYANAN, SR. GOVERNEMENT PLEADER
R.S.KALKURA-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 39151 OF 2024
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JUDGMENT
The 1st petitioner is undergoing treatment for
kidney disease and is advised transplantation. The 2 nd
petitioner has volunteered to donate her organ for
conducting the renal transplantation surgery. As the
petitioners are not near relatives, they are required to
submit a joint application as mandated by Section 9 (5)
of the Transplantation of Human Organs and Tissues
Act, 1994.
2. The petitioners' grievance is that their
joint application is not accepted by the 3 rd respondent
for want of a certificate of altruism from the 4 th
respondent.
3. Learned counsel for the petitioners
contended that the Local Committee of Organ
Transplantation cannot insist on the production of
certificate of altruism as a condition for forwarding the
application to the District Level Authorization
Committee.
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WP(C) NO. 39151 OF 2024
The above contention is supported by the series
of judgments on that point rendered by this Court. The
writ petition is accordingly disposed of, directing the 3 rd
respondent to accept the joint application submitted by
the petitioners, without insisting on production of
certificate of altruism and forward the application to the
2nd respondent within one week of its submission, if all
other documents are appended to the application.
Sd/-
V.G.ARUN
JUDGE
SPV
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WP(C) NO. 39151 OF 2024
APPENDIX OF WP(C) 39151/2024
PETITIONER EXHIBITS
Exhibit P1 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED
02.08.2024. ISSUED TO THE 1ST PETITIONER BY
DR. P.H. MOHAMED IQUBAL., CONSULTANT
NEPHROLOGIST, (REG.NO:20782) OF MEDICAL TRUST
HOSPITAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED
26.09.2024 IN FORM NO. 11 OF TRANSPLANTATION
OF HUMAN ORGANS AND TISSUES RULES, 2014.
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND
PETITIONER BEFORE THE NOTARY PUBLIC ON
25.09.2024 BY GIVING HER CONSENT TO DONATE
HIS KIDNEY TO THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 25.09.2024
SWORN BY THE 1ST AND 2ND PETITIONER BEFORE
THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 01.10.2024
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN SOUBIYA V.
DISTRICT LEVEL AUTHORISATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM
(2023 (6) KHC 293)' ALONG WITH ITS CONNECTED
CASE.
