Shanthi D.P vs The District Level Authorization ...
2024 Latest Caselaw 30771 Ker

Kerala High Court

Shanthi D.P vs The District Level Authorization ... on 30 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:80859

                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. 37757 OF 2024

PETITIONER/S:

          SHANTHI D.P
          AGED 33 YEARS
          W/O. RAJEESH, THUPPATH HOUSE, THAIKKAD, BRAHMAKULAM
          P.O., GURUVAYOOR, THRISSUR DISTRICT, PIN - 680104.


          BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT/S:

    1     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.

    2     THE CONVENER
          LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,LAKESHORE
          HOSPITAL AND RESEARCH CENTRE LIMITED, MARADU, NETTOOR
          P.O., ERNAKULAM, PIN - 682040.

    3     THE ASSISTANT COMMISSIONER OF POLICE, GURUVAYOOR
          A.C.P.OFFICE, GURUVAYOOR P.O., THRISSUR DISTRICT,
          PIN - 680101.



          SMT. DEEPA NARAYANAN, SR. GP.
          SRI. ABEL TOM BENNY 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:80859
WP(C) NO. 37757 OF 2024            2
                              JUDGMENT

The limited prayer in this writ petition is for a

direction to the 2nd respondent to forward the applications

seeking approval for conducting the transplantation surgery

of Sri.Kesavan Madhukumar, 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

applications, if the requisite documents are produced.

The writ petition is accordingly disposed of, directing

the petitioner to submit the applications 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:80859

APPENDIX OF WP(C) 37757/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM DATED 19.10.2021

Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND PATIENT DATED 17.10.2024

Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HER HUSBAND DATED 18.10.2024

Exhibit P4 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HER MOTHER-IN-LAW DATED 18.10.2024

Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 16.10.2024

Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER AND PATIENT DATED 16.10.2024

Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE PETITIONER DATED 16.10.2024

Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE PETITIONER DATED 16.10.2024

Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE MOTHER-

IN-LAW OF THE PETITIONER DATED 16.10.2024

Exhibit P10 THE TRUE COPY OF FORM 3 APPLICATION OF THE PETITIONER AND THE PATIENT DATED 16.10.2024

Exhibit P11 THE TRUE COPY OF FORM 11 APPLICATION OF THE PETITIONER AND PATIENT DATED 16.10.2024