Kerala High Court
Neethu G vs The State Of Kerala on 30 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:72448
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34136 OF 2024
PETITIONERS:
1 NEETHU G.
AGED 28 YEARS
W/O. SUMESH, RESIDING AT NEETHU BHAVAN HOUSE,
K.S. PURAM P.O., ADINAD VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT,
PIN - 690544
2 SHIHABUDEEN M.P.
AGED 42 YEARS
S/O. MOYTHUPPU MUSLIYAR,
MANGADAN PARAMBIL HOUSE,
KOTTAPPURAM P.O., SREEKRISHNAPURAM,
MANNARCAD, PALAKKAD DISTRICT,
PIN - 679513
BY ADVS.
K.V.JAYADEEP MENON
RAJEEVE P.
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 DIRECTOR OF MEDICAL EDUCATION,
APPROPRIATE AUTHORITY/DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
PIN - 695001
WPC 34136 of 2024 2024:KER:72448
2
3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL
TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN,
THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
KALAMASSERY P.O., ERNAKULAM DISTRICT,
PIN - 683104
SRI. SUNILKUMAR KURIAKOSE, SR. GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 34136 of 2024 2024:KER:72448
3
JUDGMENT
Dated this the 30th day of September, 2024
The challenge in this writ petition is against
Ex.P10 order, by which the Director of Medical
Education, the 2nd respondent herein, dismissed the
appeal filed by the petitioners under Section 17 of the
Transplantation of Human Organs and Tissues Act,
1994. The appeal was filed, aggrieved by the rejection
of petitioners' application seeking permission for
altruistic organ donation filed before the District Level
Authorization Committee for Renal Transplantation .
2. Heard, learned counsel for the petitioners
and the learned Government Pleader.
3. Although various contentions are raised on
merits, I am not venturing to decide the writ petition on
merits, since, as per Section 17, the authority to
consider an appeal filed against the order of the
Authorization Committee constituted under Section
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9(4)(b) of the Transplantation of Human Organs and
Tissues Act, is the State Government.
4. On that short ground, Exhibit P10 is quashed
and the petitioners permitted to file a fresh appeal
before the State Government. If such appeal is filed
within one week, it shall be treated to have been filed
within the time prescribed under Section 17 and
decided on merits, uninfluenced by the findings in
Ext.P10. The decision, as directed above, shall be
taken within two weeks of filing of the appeal.
Accordingly, the writ petition is allowed.
Sd/-
V.G.ARUN
JUDGE
BG
WPC 34136 of 2024 2024:KER:72448
APPENDIX OF WP(C) 34136/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE PHOTOCOPY OF THE JOINT APPLICATION IN
FORM -3 OF THE TRANSPLANTATION OF HUMAN
ORGANS AND TISSUES RULES, 2014 DATED
15.11.2023 SUBMITTED BY THE 1ST PETITIONER
ALONG WITH THE RECIPIENT TO THE HOSPITAL
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 29.06.2023 SUBMITTED BY THE 1ST
PETITIONER ALONG WITH THE RECIPIENT TO THE
HOSPITAL
EXHIBIT-P3 TRUE PHOTOCOPY OF THE CERTIFICATE DATED
30.06.2023 IN FAVOR OF THE RECIPIENT,
MOYTHUPPU MUSLIYAR ISSUED BY THE PRESIDENT,
KARUMPUZHA GRAMA PANCHAYATH
EXHIBIT-P4 TRUE PHOTOCOPY OF THE CERTIFICATE DATED
03.11.2023 IN FAVOR OF THE 1ST PETITIONER
HEREIN, ISSUED BY THE MEMBER OF KERALA
LEGISLATIVE ASSEMBLY, CHEMPAKSSERRIL, SOUTH
WEST THAZHAVA, KARUNAGAPPALLY
EXHIBIT-P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED
20.10.2023 IN W.P.(C). NO. 34844 OF 2023 OF
THE HONOURABLE HIGH COURT OF KERALA
EXHIBIT-P6 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE
3RD RESPONDENT DATED 12.07.2024 REJECTING
THE PERMISSION FOR TRANSPLANTATION
EXHIBIT-P7 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE
DATED 21.03.2024 ISSUED BY THE ASSISTANT
SURGEON, COMMUNITY HEALTH CENTER, OMANUR,
MALAPPURAM DISTRICT TO SUMESH, THE HUSBAND
OF THE 1ST PETITIONER HEREIN
EXHIBIT-P8 TRUE PHOTOCOPY OF THE MEDICAL LABORATORY
WPC 34136 of 2024 2024:KER:72448
REPORT OF SUMESH, THE HUSBAND OF THE 1ST
PETITIONER HEREIN DATED 22.03.2024
EXHIBIT-P9 TRUE PHOTOCOPY OF THE APPEAL FILED UNDER
SECTION 17 OF THE TRANSPLANTATION OF HUMAN
ORGANS ACT, 1994 BY THE 2ND PETITIONER
HEREIN BEFORE THE 2ND RESPONDENT HEREIN IN
A REPRESENTATIVE CAPACITY FOR HIS FATHER
EXHIBIT-10 TRUE PHOTOCOPY OF THE ORDER OF THE 2ND
RESPONDENT HEREIN DATED 15.08.2024
REJECTING APPEAL FILED UNDER SECTION 17 OF
THE TRANSPLANTATION OF HUMAN ORGANS ACT,
1994 BY THE 2ND PETITIONER HEREIN IN A
REPRESENTATIVE CAPACITY FOR HIS FATHER
EXHIBIT-P11 TRUE PHOTOCOPY OF THE TREATMENT CERTIFICATE
OF THE RECIPIENT MOYTHUPPU MUSALIYAR DATED
31.08.2024 ISSUED FROM EMS MEMORIAL CO-
OPERATIVE HOSPITAL & RESEARCH CENTRE,
PERINTHALMANNA
RESPONDENTS EXHIBITS NIL
TRUE COPY
P.A. TO JUDGE
