Kerala High Court
Sameer vs The Dist. Level Organ Transplantation ... on 5 August, 2025
2025:KER:58388
W.P(C).No. 28728 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 28728 OF 2025
PETITIONERS:
1 SAMEER
AGED 34 YEARS
S/O MOIDU, THAMADATHIL, EDAVARAD, PERAMBRA,
ERAVATTUR, KOZHIKODE DIST., PIN - 673152
2 JAYALAKSHMI T.N
AGED 42 YEARS
W/O GOPINATHAN, AYSHAS ARCHAID, KILIKOLLUR P.O.,
KOLLAM, PIN - 691004
BY ADVS.
SRI.SHIRAZ ABDULLA M.S.
SHRI.K.ABDUL NASSAR
SHRI.VISHNU DEV C.S.
SHRI.MUHAMMED AZHARUDEEN A.
RESPONDENTS:
1 THE DIST. LEVEL ORGAN TRANSPLANTATION
AUTHORIZATION COMMITTEE
REP. BY THE CHAIRMAN , GOVERNMENT MEDICAL
COLLEGE, ERNAKULAM, PIN - 683503
2 KERALA STATE ORGAN AND TISSUE TRANSPLANT
ORGANIZATION (K-SOTTO)
1ST FLOOR, OLD HOUSE SURGEON QUARTERS, GOVT.
MEDICAL COLLEGE, NEAR SUPER SPECIALITY BLOCK
ROAD, ULLOOR, THIRUVANANTHAPURAM, KERALA, PIN -
695011
3 LAKESHORE HOSPITAL & RESEARCH CENTRE LTD.
REP. BY ITS ADMINISTRATIVE OFFICER XVI/612,
MARADU, NETTOOR P O, ERNAKULAM, PIN - 682040
GP SMT K.B SONY for R1
SC SRI. AJIT JOY FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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SHOBA ANNAMMA EAPEN, J.
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W.P(C).No. 28728 OF 2025
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Dated this the 5th day of August, 2025
JUDGMENT
The above writ petition is filed challenging Ext.P12
order passed by the first respondent. The first petitioner was
diagnosed with chronic kidney disease and he was advised for
immediate renal transplantation. Due to medical reasons,
none of his close relatives are fit to donate a kidney. The
second petitioner, who is having close family association with
the first petitioner, expressed her willingness to donate one of
her kidneys to the first petitioner so as to save his life with the
consent of her husband and other relatives, voluntarily
without any compulsion on humanitarian basis alone. On
clinical examination, it was found that the tissue types of both
the petitioners were matching and the second petitioner was
found medically fit to donate a kidney to the first petitioner.
The first petitioner approached the first respondent for
permission as required under the statute. After detailed
hearing, the first respondent by Ext.P12 order rejected the
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request put forth by the petitioners. Aggrieved by the same,
the petitioners have approached this Court with the above writ
petition.
3. Heard Sri.Shiraz Abdulla.M.S., the learned counsel
appearing for the petitioners, Sri.Ajit Joy, the learned
Standing Counsel for the second respondent and
Smt.K.B.Sony, the learned Government Pleader appearing for
the first respondent.
4. Learned Standing Counsel for the second respondent
submits that the petitioners ought to have filed an appeal
before the State Government if aggrieved by Ext.P12 order and
it is only after exhausting the statutory remedy, the petitioners
can file writ petition before this Court.
5. I find force in the argument. As per Section 17 of the
Transplantation of Human Organs and Tissues Act,1994 (for
short 'the Act') and Rule 33 of the Transplantation of Human
Organs and Tissues Rules, 2014 (for short 'the Rules'), any
person aggrieved by an order of the Authorisation Committee
rejecting an application for approval under sub-section (6) of
Section 9 may prefer an appeal before the State Government.
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In the present writ petition, the petitioners have not
approached the State Government whereas they filed the writ
petition without exhausting statutory remedies available.
Accordingly, this writ petition is disposed of with as
follows:
The petitioners are directed to file an appeal before the
State Government under Section 17 of the Act read with Rule
33 of the Rules within a period of one month from today.
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
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W.P(C).No. 28728 OF 2025
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APPENDIX OF WP(C) 28728/2025
PETITIONER EXHIBITS
Exhibit 1 A TRUE COPY OF THE RELEVANT PAGES OF
THE APPLICATION DATED 31-01-2025 IN
THIS REGARD IS PRODUCED HEREWITH,
MARKED AS EXHIBIT P1.
Exhibit 2 A TRUE COPY OF THE CERTIFICATE OF
ALTRUISM, ISSUED TO THE PETITIONERS, BY
THE ASST. COMMISSIONER OF POLICE,
KOLLAM CITY DATED 12-05-2025 IS
PRODUCED HEREWITH, MARKED AS EXHIBIT P2
Exhibit 3 A TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONERS,
ATTESTED BY THE MLA, ERAVIPURAM DATED
14-05-2025 IS PRODUCED HEREWITH, MARKED
AS EXHIBIT P3
Exhibit 4 A TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HER HUSBAND - GOPINATHAN. K, ISSUED BY
THE VILLAGE OFFICER, KILIKOLLUR DATED
21-05-2025 IS PRODUCED HEREWITH, MARKED
AS EXHIBIT P4
Exhibit 5 A TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE 2ND PETITIONER AND
HER MOTHER K.C. SANTHAMMAL ISSUED BY
THE VILLAGE OFFICER, KILIKOLLUR DATE
21-05-2025 IS PRODUCED HEREWITH, MARKED
AS EXHIBIT P5
Exhibit 6 A TRUE COPY OF RATION CARD OF THE 2ND
PETITIONER, DATED NIL IS PRODUCED
HEREWITH, MARKED AS EXHIBIT P6
Exhibit 7 A TRUE COPY OF THE NATIVITY CERTIFICATE
OF THE 2ND PETITIONER ISSUED BY THE
VILLAGE OFFICER KILIKOLLUR DATED 16-12-
2024 IS PRODUCED HEREWITH, MARKED AS
EXHIBIT P7
Exhibit 8 A TRUE COPY OF THE INCOME CERTIFICATE
OF THE 2ND PETITIONER, ISSUED BY THE
VILLAGE OFFICER, KILIKOLLUR DATED 18-
12-2024 IS PRODUCED HEREWITH, MARKED AS
EXHIBIT P8
Exhibit 9 A TRUE COPY OF THE NOTARIZED AFFIDAVIT
BY THE 2ND PETITIONER'S MOTHER - K.C.
SANTHAMMAL DATED 31-01-2025 IS PRODUCED
HEREWITH, MARKED AS EXHIBIT P9
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Exhibit 10 A TRUE COPY OF THE NOTARIZED AFFIDAVIT
BY THE 2ND PETITIONER'S HUSBAND -
GOPINATHAN K. DATED 31-01-2025 IS
PRODUCED HEREWITH, MARKED AS EXHIBIT
P10
Exhibit 11 COPY OF THE FAMILY PHOTOGRAPH OF THE
PETITIONERS IS PRODUCED HEREWITH,
MARKED AS EXHIBIT P11
Exhibit 12 A TRUE COPY OF THE ORDER OF REJECTION
BY THE 1ST RESPONDENT DATED 07-07-2025
IS PRODUCED HEREWITH, MARKED AS EXHIBIT
P12
Exhibit 13 A TRUE COPY OF THE SELF ATTESTED
AFFIDAVIT BY THE 1ST PETITIONER'S
NEIGHBOUR - JAMEELA DATED NIL IS
PRODUCED HEREWITH, MARKED AS EXHIBIT
P13
Exhibit 14 A TRUE COPY OF THE SELF ATTESTED
AFFIDAVIT BY THE 1ST PETITIONER'S
NEIGHBOUR - MARIYAM DATED NIL IS
PRODUCED HEREWITH, MARKED AS EXHIBIT
P14
Exhibit 15 A TRUE COPY OF THE SELF ATTESTED
AFFIDAVIT BY THE 1ST PETITIONER'S
MAHALLU COMMITTEE SECRETARY DATED 13-
07-2025 IS PRODUCED HEREWITH, MARKED AS
EXHIBIT P15
Exhibit 16 A TRUE COPY OF THE SELF ATTESTED
AFFIDAVIT BY THE 1ST PETITIONER'S
MAHALLU COMMITTEE SECRETARY DATED 13-
07-2025
