Kerala High Court
Abdul Junaid vs The District Level Authorization ... on 23 August, 2025
2025:KER:64316
WP(C) NO. 28730 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WP(C) NO. 28730 OF 2025
PETITIONERS:
1 ABDUL JUNAID,
AGED 36 YEARS
S/O ABDUL SATHAR, BAITHUL NOOR, KOLARI P.O,
PARIYARAM, MATTANNOOR, KANNUR DISTRICT, PIN -
670702
2 SREEJA P,
AGED 43 YEARS
W/O SUKU DAMODARAN, MULLUPARAMBU, THOTTAPPALLY
P.O,PURAKKAD, ALAPPUZHA DISTRICT, PIN - 688561
BY ADVS.
SHRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SHRI.ABIN BENNY
SHRI.K C MOHAMED RASHID
SHRI.DENNISE JACOB SAVY
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS,
ERNAKULAM MEDICAL COLLEGE HOSPITAL,
KALAMASSERY, ERNAKULAM, REPRESENTED BY ITS
CHAIRMAN, PIN - 683104
2 THE CONVENER,
LOCAL COMMITTEE OF ORGAN
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TRANSPLANTATION,LAKESHORE HOSPITAL AND
RESEARCH CENTRE LTD, MARADU, NETTOOR P.O,
KOCHI, PIN - 682030
3 THE DEPUTY SUPERINTENDENT OF POLICE,
DYSP OFFICE, ALAPPUZHA DISTRICT, PIN - 688001
BY ADVS.
SHRI.ABEL TOM BENNY
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.AARON ZACHARIAS BENNY
SHRI.ALAN J YOGYAVEEDU
SHRI.CLINT JUDE LEWIS
SHRI. MATHEW ANGELO DAVIS
SMT.TESSA ROSE
OTHER PRESENT:
SMT. K B SONY -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2025, 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. 28730 OF 2025
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Dated this the 23rd day of August, 2025
JUDGMENT
The first petitioner is a patient undergoing treatment for kidney
related issues at Lakeshore Hospital, Ernakulam. The second petitioner is the
proposed donor. The petitioners have approached this Court seeking the
following reliefs:-
"a. Issue a writ of mandamus or any other appropriate writ, order
or direction directing respondents 1 and 2 to take immediate and
effective steps to issue approval for unrelated kidney
transplantation without insisting for a Certificate of altruism in
the interest of justice;
b. Issue a writ of mandamus or any other appropriate writ, order
or direction directing the 2nd respondent to accept and forward
application for transplant to the 1st respondent without insisting
Certificate of altruism of the 3rd respondent."
2. When the second petitioner came to know about the disease of the
first petitioner, she expressed her readiness to donate her kidney. Thereafter
Ext.P1 joint application was filed. Since the petitioners are not close relatives,
they approached the second respondent with necessary application and
documents except the altruism certificate, to refer the matter to the first
respondent for getting approval. It is submitted that the certificate of the third
respondent is not necessary to sanction approval for unrelated kidney
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transplantation. The second respondent issued communication to the third
respondent to get a clearance in respect of criminal cases pending against the
donor. Since the third respondent has not issued the letter of altruism, the
second respondent did not forward the same. Aggrieved by the same, the
petitioners have approached this court with the above writ petition.
3. Heard the learned counsel for the petitioners, the learned counsel
for the second respondent and the learned Government Pleader.
4. The learned Government Pleader, on instructions, submits that the
certificate of altruism was issued by the third respondent. The Learned
counsel for the second respondent submits that all documents submitted
were returned to the petitioners and further if the petitioners resubmit the
documents, the same can be considered.
5. In such circumstances, I am of the opinion that this writ petition can
be disposed of with the following directions:
(a) The petitioners are directed to re-submit all the documents
to the 2nd respondent - Convener of Local Committee of
Organ Transplantation, within a period of one week from
today.
(b) The 2nd respondent - Convener of Local Committee of
Organ Transplantation of the Hospital concerned, will
forward the applications of the petitioners, along with all
necessary documents, to the 1st respondent - District Level
Authorization Committee for Transplantation of Human
Organs (DLAC); and this shall be done within a period of one
week thereafter.
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(c) On receipt of the application and documents, the DLAC will
take a final decision on the petitioners' request, within a
period of one month.
The writ petition is disposed of as above.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
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APPENDIX OF WP(C) 28730/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMBINED REQUEST
SUBMITTED BY THE PETITIONERS BEFORE
THE 1ST RESPONDENT DATED NIL
Exhibit P2 THE NOTARIZED COPY OF AFFIDAVIT DATED
24.06.2025 OF THE 2ND PETITIONER
REVEALING HER WILLINGNESS TO DONATE
THE ORGAN
Exhibit P3 THE NOTARIZED COPY OF JOINT
DECLARATION DATED 24.06.2025 OF
PETITIONERS
Exhibit P4 TRUE COPY OF THE LETTER DATED
02.05.2025
