Kerala High Court
Naseem vs The State Of Kerala on 17 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:77324
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 35929 OF 2024
PETITIONERS:
1 NASEEM,
AGED 51 YEARS
S/O. ABDUL RAHMAN, AMBALATHU HOUSE, THANNIYAM,
PERUNGOTTUKARA P.O., THRISSUR DISTRICT,, PIN - 680565
2 RUBEENA P.,
AGED 53 YEARS
W/O. MOHAMED ABDUNNASIR, KOORIMANNIL MELEMANNIL HOUSE,
ANAKKAYAM VILLAGE, ERANAD TALUK, ANAKKAYAM P.O.,
MALAPPURAM DISTRICT,, PIN - 676509
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
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
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WP(C)No.35929 of 2024
2
REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL
TRUST HOSPITAL REPRESENTED BY ITS MEDICAL DIRECTOR,
MAHATHMA GANDHI ROAD, PALLIMUKU, ERNAKULAM DISTRICT,,
PIN - 682016
SMT.DEEPA NARAYANAN, SR.GP.
SRI.R.S.KALKURA, FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)No.35929 of 2024
3
JUDGMENT
Dated this the 17th day of October, 2024
The limited prayer in this writ petition is
for a direction to the 3rd respondent to forward the
joint application seeking approval for conducting the
transplantation surgery of the 2nd petitioner with the
organ donated by the 1st petitioner.
2. Learned counsel for the petitioners
contends that this Court has time and again held
that the Local Committee of Organ Transplantation
cannot insist on production of certificate of
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altruism as a condition for acting upon the joint
application and that, if such a certificate is
required, it is for the District Level Authorization
Committee to call for it.
3. I heard the learned Government Pleader
and counsel for the 3rd respondent also.
4. As rightly contended, the 3rd respondent
cannot insist on production of certificate of
altruism, as a condition for accepting and
forwarding the joint application.
The writ petition is accordingly disposed of,
directing the petitioners to submit the joint
application, and directing the 3rd respondent to
forward the joint application, without insisting on
production of the certificate of altruism from the
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police. The needful in this regard shall be done
immediately on submission of the joint application.
Sd/-
V.G.ARUN
JUDGE
SSK/17/10
2024:KER:77324
APPENDIX OF WP(C) 35929/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE PHOTOCOPY OF THE APPLICATION FOR THE
APPROVAL OF TRANSPLANTATION FROM LIVING
DONOR UNDER FORM 3 OF THE TRANSPLANTATION
OF HUMAN ORGANS AND TISSUES RULES, 2014
DATED 26.09.2024 .
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 NIL.
Exhibit-P3 TRUE PHOTOCOPY OF THE LETTER DATED
11.03.2024 ISSUED BY THE 3RD RESPONDENT TO
THE 1ST PETITIONER DEMANDING THE POLICE
VERIFICATION CERTIFICATE.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A. TO JUDGE
