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Reji T vs The District Level Authorization ...
2024 Latest Caselaw 30684 Ker

Citation : 2024 Latest Caselaw 30684 Ker
Judgement Date : 30 October, 2024

Kerala High Court

Reji T vs The District Level Authorization ... on 30 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        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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