Kerala High Court
Favas Kozhikkaruvattil vs State Of Kerala on 22 August, 2025
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WP(C) NO. 28925 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
WP(C) NO. 28925 OF 2025
PETITIONERS:
1 FAVAS KOZHIKKARUVATTIL
AGED 33 YEARS
S/O. SOOPI, KOZHIKKARUVATTIL HOUSE, VATTALLOOR
P.O., KURUVA VILLAGE, PERINTHALMANNA, MALAPPURAM
DISTRICT, PIN - 676507
2 SHAIJI
AGED 44 YEARS
W/O. JOOSA BHAGYAM, KUNNUMPURAM HOUSE,
ANCHUTHENGU P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695309
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL
SHRI.ISTINAF ABDULLAH
SMT.THASNEEM A.P.
SMT.ANUPAMA R. NAIR
SRI.P.ABDUL NISHAD
SHRI.SUBRAHMANIAN T.
SHRI.VINOD M.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HEALTH
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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2 THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM
REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL
COLLEGE, H.M.T. COLONY P.O., KALAMASSERY, KOCHI,
PIN - 683503
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.08.2025, THE COURT ON 22.08.2025 DELIVERED
THE FOLLOWING:
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SHOBA ANNAMMA EAPEN, J.
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W.P(C).No. 28925 OF 2025
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Dated this the 22nd day of August, 2025
JUDGMENT
The prayer in the writ petition is as follows:-
"a) Call for the records leading to Ext.P18 order and
quash the same by issuance of writ of certiorari or
any other appropriate writ, order or direction and
direct the 3rd respondent to grant approval for
unrelated renal transplantation among the
petitioners.'
2. The brief facts of the case are as follows:-
The first petitioner is having kidney related issues
and is undergoing treatment for kidney disease at the Medical
Trust Hospital, Ernakulam and was advised to undergo kidney
transplantation. The second petitioner is the proposed donor.
According to the petitioners, the kidney of the close relative of
the first petitioner is not suitable for transplantation and the
second petitioner informed her willingness to donate her
kidney to the first petitioner. Ext.P1 is the true copy of the
certificate of altruism issued by the Assistant Superintendent
of Police, Varkala dated 17.02.2024. It is also submitted that
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when the donor came to know about the disease of the first
petitioner, she informed her readiness to donate her kidney to
the patient and it is purely due to love and affection with the
first petitioner. A joint affidavit is also produced as Ext.P6
dated 01.02.24.
3. Since the donor and the recipient are not close
relatives, the transplantation needs prior approval of the first
respondent as per law. Hence, Exts.P10 (Form-3) and P11
(Form-11) applications are submitted by them, but the same
were rejected as per Ext.P12 order of the third respondent-
the District Level Authorization Committee against which
Ext.P14 appeal was filed before the second respondent- State
of Kerala. The Government rejected the afore appeal as per
Ext.P15 order.
4. Aggrieved by the same, the petitioners
approached this Court by filing W.P(C) 43711/2024. This
Court, after an elaborate hearing of the matter, disposed of
the writ petition as per Ext.A16 judgment dated 02.07.2025,
setting aside Exts.P12 and P15 orders and directing the third
respondent to reconsider the application within a time limit.
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The observation made by this Court in paragraph 10 is as
follows:-
"10. Counsel for the petitioners submitted that the
donor has not continuously worked for four years in
the textile shop. She has worked only for a few
months intermittently. What was stated by the donor
was that they have close acquaintances from the
period from 2018 to 2023. If that be so, the rejection
would be based on a misappropriation of the facts.
Taking into consideration the seriousness of the
health condition of the 1st petitioner, I am of the view
that a fresh opportunity should be granted to the
petitioners to establish their bona fides in the
transaction before the District Level Authorisation
Committee."
Pursuant to the afore judgment passed by this Court, the third
respondent-District Level Authorisation Committee again
rejected the application of the petitioners by Ext.P18 order.
Petitioners challenge the above order in this writ petition.
5. Heard the learned counsel for the petitioners as well
as the learned Government Pleader.
6. The learned counsel appearing for the petitioners
submits that Ext.P18 order is in total disregard and violation of
the directions given in Ext.A16 judgment and seeks for a
direction to allow the prayer of the petitioner for kidney
transplantation.
7. On a perusal of Ext.P18 order, it is seen that the
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said order was passed without proper consideration or
appreciation of the directions given in Ext.P16 judgment. This
court in Ext.P16 judgment has found that "what was stated by
the donor was that they have close acquaintances for the
period from 2018 to 2023. If that be so, the rejection would be
based on a misappreciation of the facts." and hence granted a
fresh opportunity to the petitioner to establish their bonafides
in the transaction. Ext.P18 order passed by the third
respondent is cryptic and does not reflect any re-appreciation
of facts by the third respondent.
8. In the afore circumstances, I am of the view that a
direction be given to the third respondent to reconsider the
matter afresh strictly complying with the directions given in
Ext.P16 judgment. In order to enable the third respondent to
reconsider the matter afresh, Ext.P18 is to be set aside.
Accordingly, Ext.P18 order is set aside. The third
respondent is directed to reconsider the matter afresh, after
affording the petitioners an opportunity of being heard or to
produce additional documents, if any. Considering the
seriousness of the health condition of the first petitioner, I
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direct that the third respondent shall pass appropriate orders,
in accordance with law, as early as possible, at any rate within
a period of three weeks from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
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APPENDIX OF WP(C) 28925/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF
ALTRUISM ISSUED BY THE ASSISTANT
SUPERINTENDENT OF POLICE, VARKALA DATED
17.02.2024
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER
HUSBAND DATED 06.02.2024
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER SON
DATED 22.12.2023
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE CHIRAYINKEEZHU MLA DATED
03.01.2024
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE MANKADA MLA DATED 22.02.2024
Exhibit P6 THE TRUE COPY OF JOINT AFFIDAVIT OF THE
PETITIONERS DATED 01.02.2024
Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF 2ND
PETITIONER DATED 02.02.2024
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE
HUSBAND OF 2ND PETITIONER DATED
02.02.2024
Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE SON
OF 2ND PETITIONER DATED 02.02.2024
Exhibit P10 THE TRUE COPY OF THE FORM 3 APPLICATION
OF THE PETITIONERS DATED 02.02.2024
Exhibit P11 THE TRUE COPY OF THE FORM 11
APPLICATION OF THE PETITIONERS DATED
10.02.2024
Exhibit P12 THE TRUE COPY OF THE ORDER ISSUED BY
THE 3RD RESPONDENT DATED 05.07.2024
Exhibit P13 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO. 28694/2024 OF THIS HON'BLE
COURT DATED 13.08.2024
Exhibit P14 THE TRUE COPY OF THE APPEAL SUBMITTED
BY PETITIONERS BEFORE THE 2ND
RESPONDENT DATED 12.08.2024
Exhibit P15 THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 29.09.2024
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Exhibit P16 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.43711/2024 OF THIS HON'BLE COURT
DATED 02.07.2025
Exhibit P17 THE TRUE COPY OF THE AFFIDAVIT OF THE
PETITIONERS DATED 08.07.2025
Exhibit P18 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 18.07.2025
