Melbin A J vs Asst. Commissioner Of Police
2024 Latest Caselaw 27795 Ker

Kerala High Court

Melbin A J vs Asst. Commissioner Of Police on 13 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

WP(C) No. 32078 of 2024
                                       1
                                                          2024:KER:70224


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

      FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                          WP(C) NO. 32078 OF 2024

PETITIONER:

              MELBIN A J
              AGED 28 YEARS
              S/O JOHNSON, ALUMPARAMBU, ERUMAPETTY PO,KUNNAMKULAM,
              THRISSUR DIST, PIN - 680503

              BY ADVS.
              SHIRAZ ABDULLA M.S.
              K.ABDUL NASSAR
              VISHNU DEV C.S.



RESPONDENTS:

      1       ASST. COMMISSIONER OF POLICE
              KUNNAMKULAM, THRISSUR DIST., PIN - 680503

      2       THE STATION HOUSE OFFICER
              ERUMAPETTY POLICE STATION, THRISSUR DIST.,PIN - 680584

      3       RAJAGIRI HOSPITAL, ALUVA
              CHUNANGAMVELI, ALUVA, ERNAKULAM DIST.

      4       THE DIST. LEVEL ORGAN TRANSPLANTATION AUTHORIZATION
              COMMITTEE,
              GOVT. MEDICAL COLLEGE, ERNAKULAM, REP. BY THE CHAIRMAN
              (ADDITIONAL RESPONDENTS 3 AND 4 IMPLEADED AS PER
              I.A.NO. 1 OF 2024 DATED 13.09.2024)
              SRI.SUNIL KUMAR KURIAKOSE,SR.G.P., SRI.THOMAS
              J.ANAKKALLUNGAL FOR R3


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 32078 of 2024
                                      2
                                                          2024:KER:70224




                           JUDGMENT

Dated this the 13th day of September, 2024

The challenge in this writ petition is against

Ext.P3, communication of the 2nd respondent addressed

to the 1st respondent. By the said communication, the

petitioner's request for issuance of a certificate of

altruism is declined on the premise that he is not

residing in the address shown in the application. The

essential facts are as under;

The petitioner has volunteered to donate his organ for

conducting the renal transplantation surgery of one,

Surendra S.S. As the petitioner is not a near relative of

the recipient, an application seeking permission for the

altruistic donation was submitted before the 3 rd

respondent hospital. Thereupon, the petitioner was

required to produce a certificate of altruism from the

jurisdictional police.

2. The facts being as above, this court is of the

2024:KER:70224

opinion that the 3rd respondent cannot insist on the

production of certificate of altruism as a condition for

forwarding the application to the 4th respondent, District

Level Organ Transplantation Authorization Committee.

The legal position in this regard has been laid by this

Court through various judgments.

The writ petition is hence, disposed of, directing

the 3rd respondent to accept and forward the application

to the 4th respondent expeditiously, if all essential

documents, other than the certificate of altruism, is

produced along with the application.

Sd/-

V.G.ARUN JUDGE

ARK

2024:KER:70224

APPENDIX OF WP(C) 32078/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TESTS REPORT OF CROSS MATCHING BETWEEN THE PETITIONER AND SRI. SURENDRA SS DTD 17-05-2024

Exhibit P2 A TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE RAJAGIRI HOSPITAL, ALUVA BEFORE THE 1ST RESPONDENT DTD 10-08-2024

Exhibit P3 A TRUE COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DTD 20-08-

Exhibit P4 A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER DTD 23-10-2019

Exhibit P5 A TRUE COPY OF THE RENT DEED ENTERED INTO BETWEEN THE PETITIONER AND MITHUN MM DTD 19- 10-2023

Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE RAJAGIRI HOSPITAL ALUVA, DTD 05-09-2024