Kerala High Court
Rini Anil vs State Of Kerala on 8 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:83996
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 39446 OF 2024
PETITIONERS:
1 RINI ANIL
AGED 42 YEARS
D/O. VINCENT, PALLIPANATH HOUSE, KIZHAKKEPRAM, NORTH
PARAVUR, KOTTUVALLY, PARAVUR TALUK, ERNAKULAM DISTRICT,
PIN - 683513
2 KRISHNA K
AGED 32 YEARS
D/O. KRISHNANKUTTY,VALUTHARAYIL, ERUMAKUZHY, NOORANAD
P.O., PALAMEL, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN -
690504
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HEALTH
DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH,GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM
REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL
COLLEGE,H.M.T. COLONY P.O., KALAMASSERY, KOCHI, PIN -
683503
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:83996
WP(C)No.39446 of 2024
2
JUDGMENT
Dated this the 8th day of November, 2024
The 1st petitioner is a chronic Kidney
patient and the 2nd petitioner has volunteered to
donate her organ for conducting the transplantation
surgery. As the petitioners are not near relatives,
they submitted Exhibits P10 and P11 applications
before the 3rd respondent for approval. By Ext.P12,
the 3rd respondent rejected the application.
Aggrieved, by the rejection, the petitioners have
preferred Ext.P13 appeal.
2. When this matter was taken up for
consideration, learned Counsel for the petitioners
submitted that the appeal may be directed to be
decided by looking into the additional documents
produced.
2024:KER:83996
3. Heard the learned Government Pleader
also.
Considering the debilitating health condition
of the 1st petitioner, the writ petition is disposed of,
directing the 2nd respondent to consider Ext.P13
appeal within two weeks. While considering the
appeal, the 2nd respondent shall advert to the
additional documents produced in the appeal. For
that purpose, the petitioners are permitted to
produce a copy of this writ petition along with the
certified copy of this judgment. If required, the 2 nd
respondent may hear the donor and the
representative of the recipient also.
Sd/-
V.G.ARUN
JUDGE
SSK/08/11
2024:KER:83996
APPENDIX OF WP(C) 39446/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF
ALTRUISM ISSUED BY THE DEPUTY
SUPERINTENDENT OF POLICE, CHENGANNUR DATED
25.04.2024
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND HER
FATHER DATED 05.06.2024
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND HER
SISTER DATED 06.08.2024
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF PALAMEL GRAMA PANCHAYATH
DATED 09.02.2024
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF PALLIPPURAM GRAMA
PANCHAYATH DATED 04.03.2024
Exhibit P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE
PETITIONERS DATED 05.03.2024
Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND
PETITIONER DATED 04.03.2024
Exhibit P8 THE TRUE COPY OF THE AFFIDAVIT OF THE
FATHER OF THE 2ND PETITIONER DATED
04.06.2024
Exhibit P9 THE TRUE COPY OF THE AFFIDAVIT OF THE
SISTER OF THE 2ND PETITIONER DATED
21.08.2024
2024:KER:83996
Exhibit P10 THE TRUE COPY OF THE FORM 3 APPLICATION OF
THE PETITIONERS DATED 20.03.2024
Exhibit P11 THE TRUE COPY OF THE FORM 11 APPLICATION OF
THE PETITIONERS DATED 08.06.2024
Exhibit P12 THE TRUE COPY OF THE ORDER ISSUED BY THE
3RD RESPONDENT DATED 10.10.2024
Exhibit P13 THE TRUE COPY OF THE APPEAL SUBMITTED BY
PETITIONERS BEFORE THE 2ND RESPONDENT DATED
12.10.2024
TRUE COPY
P.A. TO JUDGE
