Kerala High Court
Augustin Baby vs State Of Kerala on 11 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:69103
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 32330 OF 2024
PETITIONER:
AUGUSTIN BABY
AGED 44 YEARS
S/O. BABY, MUNDADAN HOUSE,
ANGAMALY P.O., ERNAKULAM,, PIN - 683572
BY ADVS.
AMAL KASHA
T.B.HOOD
M.ISHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT. GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3 DISTRICT LEVEL ORGAN TRANSPLANTATION AUTHORISATION
COMMITTEE
REPRESENTED BY ITS CHAIRMAN,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY,
ERNAKULAM, PIN - 683503
BY ADV
SR.GP.SUNILKUMAR KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 32330 OF 2024 2
2024:KER:69103
V.G.ARUN, J.
=========================
W.P.(C).No. 32330 of 2024
=========================
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner is suffering from Chronic Kidney
Disease and is undergoing regular dialysis. The petitioner
has been advised to undergo renal transplantation surgery
to sustain his life. No matching kidney was found from
among the near relatives of the petitioner. While so,
Smt. Divya volunteered to donate her organ for conducting
the surgery. Thereupon, the petitioner and the donor
jointly submitted an application before the 3 rd respondent.
The 3rd respondent having rejected the application as per
Ext.P5, the petitioner preferred Ext.P6 appeal under
Section 17 of the Transplantation of Human Organs and
Tissues Act, 1994. The prayer in this writ petition is to
direct the 1st and 2nd respondents to consider the appeal
expeditiously.
2024:KER:69103
2. Heard, learned counsel for the petitioner and
the learned Government Pleader.
3. The learned counsel for the petitioner contended
that, Ext.P5 order was passed without considering the
relevant materials, particularly Exts.P2 to P4. It is
submitted that, respondents 1 and 2 should be directed to
consider Exts.P2 to P4 while taking a decision on Ext.P6
appeal.
I find the submission to be well founded. The writ
petition is hence disposed of directing respondent Nos. 1
and 2 to take up Ext.P6 for consideration and pass a
reasoned order thereon, adverting to Exts.P2 to P4 also.
The decision on the appeal shall be rendered within two
weeks of receipt of a copy of this judgment, after affording
an opportunity of hearing to the petitioner or his near
relative if so warranted.
Sd/-
V.G.ARUN
JUDGE
MSA
2024:KER:69103
APPENDIX OF WP(C) 32330/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION DATED
30.05.2024 SUBMITTED BY THE PETITIONER
AND THE DONOR FOR APPROVAL OF
TRANSPLANTATION FROM LIVING DONOR
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF
ALTRUISM DATED 24.06.2024 ISSUED BY THE
ASSISTANT COMMISSIONER OF POLICE, OLLUR
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
06.06.2024 ISSUED BY SRI.ROJI M.JOHN,
MEMBER OF THE KERALA LEGISLATIVE
ASSEMBLY REPRESENTING ANGAMALI
CONSTITUENCY
Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED
04.07.2024 ISSUED BY SRI.M.K.VARGHESE,
MAYOR, THRISSUR CORPORATION
Exhibit P5 TRUE COPY OF THE DECISION OF THE 3RD
RESPONDENT COMMITTEE IN THE PRESCRIBED
FORMAT, INCLUDING THE REJECTION ORDER
DATED 16.08.2024 SIGNED BY THE CHAIRMAN
OF THE 3RD RESPONDENT COMMITTEE
Exhibit P6 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER AND THE DONOR BEFORE THE 2ND
RESPONDENT, WITH ENDORSEMENT
ACKNOWLEDGING THE RECEIPT OF THE SAME
IN THE HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT ON
02.09.2024
Exhibit P7 TRUE COPY OF THE ORDER DATED 12.07.2024
OF THIS HON'BLE COURT IN WRIT PETITION
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
07.08.2024 OF THIS HON'BLE COURT IN
WRIT PETITION (C) NO. 27627/2024
