Kerala High Court
Shaheer Ahammed vs The State Of Kerala on 29 April, 2025
2025:KER:33271
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
WP(C) NO. 17178 OF 2025
PETITIONERS:
1 SHAHEER AHAMMED, AGED 55 YEARS,
S/O. AHAMMED M., ASHANAZ, NEAR NEERCHAL,
U.P. SCHOOL, KANNUR CITY P.O., KANNUR,
KANNUR DISTRICT, KERALA., PIN - 670003.
2 ANITHA, AGED 39 YEARS,
W/O. JOMON, KAMBAKKALAYIL, THODUPUZHA EAST,
KARIKODE, THODUPUZHA, KARIKKODE,
IDUKKI DISTRICT, KERALA., PIN - 685585.
BY ADVS. SHAJI THANKAPPAN
SUBIN K SUDHEER
AJAY GOPAL
AMAL BABY
NANDUKRISHNA D.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001.
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
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WP(C) NO. 17178 OF 2025
-2-
ERNAKULAM, KERALA., PIN - 683104.
3 THE LOCAL LEVEL COMMITTEE FOR RENAL
TRANSPLANTATION,
REPRESENTED BY ITS CHAIRMAN, MEDICAL DIRECTOR,
MEDICAL TRUST HOSPITAL, M.G.ROAD, PALLIMUKKU,
ERNAKULAM, KERALA, PIN - 682016.
4 THE CONSULTANT NEPHROLOGIST
MEDICAL TRUST HOSPITAL, M.G. ROAD,
COCHIN, ERNAKULAM, PIN - 682016.
SRI.AJITH VISWANATHAN-GP
SRI.R.S.KALKURA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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-3-
JUDGMENT
The petitioners singularly pray that
Ext.P9 Appeal filed by them before the 1st
respondent be directed to be disposed of
within a time frame to be fixed by this
Court.
2. The learned counsel for the
petitioners submitted that the 1st petitioner
is in requirement of urgent renal
transplantation.
3. Taking into account the facts
pleaded in the Writ Petition and after
hearing the learned counsel for the
petitioners and also the learned Government
Pleader, this Writ Petition is disposed of,
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WP(C) NO. 17178 OF 2025
directing the 1st respondent to consider
Ext.P9 Appeal and take an appropriate
decision on it, expeditiously, at any rate,
within a period of two weeks from the date of
receipt of a copy of this judgment.
The Writ Petition is disposed of as
above.
Sd/-
S.MANU
JUDGE
akv
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WP(C) NO. 17178 OF 2025
APPENDIX OF WP(C) 17178/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE MEDICAL CERTIFICATE ISSUED TO THE
1ST PETITIONER FROM MEDICAL TRUST
HOSPITAL, ERNAKULAM DATED 17.04.2024
BY THE 4TH RESPONDENT
EXHIBIT P2 A TRUE PHOTOCOPY OF THE FORM 11
APPLICATION DATED 09.09.2024
EXHIBIT P3 A TRUE PHOTOCOPY OF THE FORM 3
APPLICATION DATED 09.09.2024
EXHIBIT P4 A TRUE PHOTOCOPY OF THE NOTARIZED
AFFIDAVIT DATED 04.09.2024 OF THE 2ND
PETITIONER
EXHIBIT P5 A TRUE PHOTOCOPY OF THE NOTARIZED
AFFIDAVIT DATED 22.08.2024 OF THE 2ND
PETITIONER GIVING HER CONSENT FOR
ORGAN TRANSPLANT TO THE 1ST PETITIONER
EXHIBIT P6 A TRUE PHOTOCOPY OF THE REJECTION
ORDER DATED 29.11.2024 ISSUED BY 2ND
RESPONDENT
EXHIBIT P7 A TRUE PHOTOCOPY OF THE CERTIFICATE OF
MARRIAGE BETWEEN MR.JOMON JOSEPH AND
ANITHA ISSUED FROM ANGAMALY, MUNICIPAL
OFFICE
EXHIBIT P8 A TRUE PHOTOCOPY OF THE IDENTIFICATION
CERTIFICATE ISSUED FROM THE VILLAGE
OFFICER, KARIKODE
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EXHIBIT P9 A TRUE PHOTOCOPY OF THE APPEAL DATED
06.03.2025 FILED BEFORE THE 1ST
RESPONDENT
EXHIBIT P10 A TRUE PHOTOCOPY OF THE POSTAL RECEIPT
DATED 13.03.2025
EXHIBIT P11 A TRUE PHOTOCOPY OF THE TRACK
CONSIGNMENT BY THE INDIAN POST SHOWING
THE DELIVERY OF THE SAID APPEAL TO THE
1ST RESPONDENT
