Citation : 2024 Latest Caselaw 30684 Ker
Judgement Date : 30 October, 2024
2024:KER:80724
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 38145 OF 2024
PETITIONER/S:
REJI T
AGED 44 YEARS
S/O. THANKACHAN, THARAL KIZHAKKATHIL, MUTHUKULAM,
ALAPPUZHA, PIN - 690506.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ALAPPUZHA
ALAPPUZHA MEDICAL COLLEGE HOSPITAL, ALAPPUZHA ,
REPRESENTED BY ITS CHAIRMAN, PIN - 688005.
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, AMRITA
INSTITUTE OF MEDICAL SCIENCE (AMRITA HOSPITAL),
PONEKKARA P.O., ERNAKULAM DISTRICT, PIN - 682041.
3 THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM
DY.S.P.OFFICE, KAYAMKULAM P.O., ALAPPUZHA DISTRICT,
PIN - 690502.
SMT. DEEPA NARAYANAN, SR. GP.
SRI. P.R. AJITH KUMAR FOR R2.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80724
WP(C) NO. 38145 OF 2024 2
JUDGMENT
The limited prayer in this writ petition is for a direction
to the 2nd respondent to forward the application seeking
approval for conducting the transplantation surgery of
Sri.Venkiteswara Mahesh Kamath, with the organ donated by
the petitioner.
2. Learned counsel for the 2nd respondent submitted
that the committee is willing to receive and forward the
application, if the requisite documents are produced.
The writ petition is accordingly disposed of, directing
the petitioner to submit the application along with requisite
documents and directing the 2nd respondent to forward the
application, without insisting on production of the certificate
of altruism from the police. The needful in this regard shall be
done immediately on submission of the application.
Sd/-
V.G.ARUN JUDGE Sru 2024:KER:80724
APPENDIX OF WP(C) 38145/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND PATIENT DATED 24.10.2024
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HIS MOTHER DATED 24.10.2024
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE HARIPAD MLA DATED 25.10.2024
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE ERNAKULAM MLA DATED 23.10.2024
Exhibit P5 THE TRUE COPY OF THE JOINT DECLARATION OF THE PETITIONER AND THE PATIENT DATED 22.10.2024
Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 22.10.2024
Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF THE PATIENT DATED 22.10.2024
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE PETITIONER DATED 22.10.2024
Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE PETITIONER DATED 23.10.2024
Exhibit P10 THE TRUE COPY OF THE CONSENT OF THE DAUGHTER OF THE PETITIONER DATED 23.10.2024
Exhibit P11 THE TRUE COPY OF FORM 3 APPLICATION OF THE PETITIONER AND THE PATIENT DATED 19.08.2024
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