Kerala High Court
Muraleedhran C vs The District Level Authorization ... on 30 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:72636
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. 33969 OF 2024
PETITIONERS:
1 MURALEEDHRAN C.
AGED 50 YEARS
S/O. MADHAVAN NAIR, PALISSERI HOUSE, KOTHACHIRA P.O.,
NAGALASSERY, PATTAMBI TALUK,PALAKKAD DISTRICT, PIN -
679535
2 MUNTHASEER F
AGED 26 YEARS
S/O. FAZALUDEEN, JAYA VILASAM, THRIKKARUVA, PRAKKULAM
P.O.,KOLLAM DISTRICT, PIN - 691602
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM
ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
REPRESENTED BY ITS CHAIRMAN, PIN - 683104
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST
HOSPITAL LTD, ERNAKULAM DISTRICT, PIN - 682016
3 THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR
A.C.P. OFFICE, CHATHANNOOR P.O., KOLLAM DISTRICT, PIN -
691572
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.)No.33969 of 2024
2024:KER:72636
2
JUDGMENT
Dated this the 30th day of September, 2024
The 1st petitioner is a chronic Kidney
patient and the 2nd petitioner has volunteered to
donate his organ for conducting the transplantation
surgery. They are aggrieved by the refusal on the
part of the 2nd respondent to accept the application
seeking approval for the altruistic donation.
2. The learned Counsel for the petitioners
submitted that the application is not being accepted,
only for the reason that the Certificate of Altruism,
issued by the Police, is not attached.
3. When this matter was taken up for
consideration, learned Counsel appearing for the 2 nd
respondent fairly submitted that, if all other requisite
documents are produced along with the application,
2024:KER:72636
the 2nd respondent will not insist on production of
Certificate of Altruism and the application along with
documents will be forwarded to the 1 st respondent,
without delay.
Based on the above submission, the writ
petition is disposed of, permitting the petitioners to
submit the application along with all requisite
documents and directing the 2 nd respondent to
forward the application to the 1 st respondent without
insisting on production of Certificate of Altruism, if
the other documents are found to be in order.
Sd/-
V.G.ARUN
JUDGE
SSK/30/09
2024:KER:72636
APPENDIX OF WP(C) 33969/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS MOTHER
DATED 09.05.2024
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS SISTER
DATED 09.05.2024
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
PRESIDENT OF NAGALASSERY GRAMA PANCHAYATH
DATED 27.05.2024
Exhibit P4 THE TRUE COPY OF THE JOINT AFFIDAVIT OF
PETITIONERS DATED 22.07.2024
Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE 2ND
PETITIONER DATED 22.07.2024
Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE MOTHER
OF THE 2ND PETITIONER DATED 22.07.2024
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE SISTER
OF THE 2ND PETITIONER DATED 22.07.2024
Exhibit P8 THE TRUE COPY OF THE FORM 3 APPLICATION OF
THE PETITIONERS DATED 25.09.2024
Exhibit P9 THE TRUE COPY OF THE FORM 11 APPLICATION OF
THE PETITIONERS DATED 25.09.2024
TRUE COPY
P.A. TO JUDGE
