Kerala High Court
Kaladi Abdul Asees vs State Of Kerala on 30 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:80769
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. 38095 OF 2024
PETITIONERS:
1 KALADI ABDUL ASEES
AGED 63 YEARS, S/O.MOHAMMEDKUTTY,
KALADI HOUSE, PARAVANNUR, KALPAKANCHERY P.O.,
TIRUR, MALAPPURAM DISTRICT, PIN - 676551
2 PREENA C.S.
AGED 47 YEARS, W/O. SUBASH,
PONNARASSERY HOUSE, VETTUKAD, KOONAMOOCHI P.O.,
CHOONDAL, KUNNAMKULAM, THRISSUR DISTRICT,
PIN - 680504
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
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38095 OF 2024
2
2024:KER:80769
JUDGMENT
Dated this the 30th day of October, 2024
The 1st petitioner is a kidney patient and the 2 nd
petitioner has volunteered to donate her organ for
conducting the renal transplantation surgery. As
petitioners are not near relatives, they submitted a joint
application seeking permission for the altruistic donation,
as provided under Section 9(5) of the Transplantation of
Human Organs and Tissues Act, 1994. The 3 rd
respondent having declined permission as per Ext.P11,
the petitioners have preferred Ext.P12 appeal before the
2nd respondent. The limited relief sought in this writ
petition is for an expeditious decision on the appeal.
2. Heard, learned Counsel for the petitioner
and the learned Government Pleader.
Considering the urgency involved, the writ
petition is disposed of, directing the 2 nd respondent to
take up Ext.12, if the appeal is still pending, and pass a
WP(C) NO. 38095 OF 2024
2024:KER:80769
reasoned order thereon, within two weeks of receipt of a
copy of this judgment.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 38095 OF 2024
2024:KER:80769
APPENDIX OF WP(C) 38095/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE
PRIMARY HEALTH CENTRE, KALPAKANCHERRY DATED
15.05.2024
EXHIBIT P2 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF
THE 2ND PETITIONER AND HER HUSBAND DATED
06.05.2024
EXHIBIT P3 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF
THE 2ND PETITIONER AND HER MOTHER DATED
06.05.2024
EXHIBIT P4 THE TRUE COPY OF CERTIFICATE ISSUED BY THE TIRUR
MLA DATED 07.05.2024
EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS
ALONG WITH THE HUSBAND OF THE DONOR DATED
07.06.2024
EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED
07.06.2024
EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF
THE DONOR DATED 07.06.2024
EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE
DONOR DATED 07.06.2024
EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY
PETITIONERS DATED 23.07.2024
EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.26585/2024 OF THIS HON'BLE COURT DATED
29.07.2024
EXHIBIT P11 THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT
DATED 12.09.2024
EXHIBIT P12 THE TRUE COPY OF THE APPEAL SUBMITTED BY
PETITIONERS BEFORE THE 2ND RESPONDENT DATED
19.10.2024
