Kerala High Court
Daisy vs The District Level Authorization ... on 25 August, 2025
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-1-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
WP(C) NO. 32208 OF 2025
PETITIONERS:
1 DAISY
AGED 59 YEARS
W/O KURIAN, ANTHIKKATT HOUSE, KARADIKKUZHI
DESOM, PEERUMEDU, IDUKKI DISTRICT, PIN -
685531
2 VISHNU K.C
AGED 27 YEARS
S/O. SANTHOSH, KOTTAPPURAM HOUSE, ETTUMANUR,
PATTITHANAM, VAIKOM, KOTTAYAM DISTRICT, PIN -
686331
BY ADVS.
SHRI.RENNY AUGUSTINE
SRI.A.V.BIJU
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE
FOR TRANSPLANTATION OF HUMAN ORGANS,
ERNAKULAM
REPRESENTED BY ITS CHAIRMAN, ERNAKULAM
MEDICAL COLLEGE HOSPITAL, KALAMASSERY,
ERNAKULAM DISTRICT, PIN - 683104
2 THE CONVENER,
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
MEDICAL TRUST HOSPITAL, ERNAKULAM DISTRICT,
PIN - 682016
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-2-:
3. THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
VAIKOM, KOTTAYAM DISTRCIT, PIN - 686141.
OTHER PRESENT:
SMT. K B SONY -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-3-:
SHOBA ANNAMMA EAPEN, J.
------------------------------
W.P(C).No. 32208 OF 2025
------------------------------
Dated this the 25th day of August, 2025
JUDGMENT
The first petitioner is a patient undergoing treatment for kidney
related issues at the Medical Trust Hospital, Ernakulam. The second
petitioner is the proposed donor. The petitioners have approached this Court
seeking the following relief:-
"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 as per Exts.P8 and P9 applications
within a time stipulated by this Hon'ble Court;"
2. Since the kidney of the close relatives of the first petitioner is not
suitable to transplant, the second petitioner has informed his willingness to
donate his kidney to the first petitioner. It is submitted that since the donor
and the recipient are not close relatives, the transplantation needs prior
approval of the first respondent in view of Section 9(3) of the
Transplantation of Human Organs and Tissues Act,1994. Therefore, the
petitioners submitted application along with documents before the second
respondent to refer the matter to the first respondent for getting necessary
approval for unrelated renal transplantation, evidenced by Exts.P8 and P9
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-4-:
applications. But, the second respondent has not referred the matter to the
first respondent for approval, since the third respondent has not issued
certificate of altruism to refer the matter. Aggrieved by the same, the
petitioners have approached this court with the above writ petition.
3. Heard the learned counsel for the petitioner as well as the learned
Government Pleader.
4. The question whether a Certificate of Altruism is mandatory to
accept the applications along with its supporting documents to be considered
by the concerned authorization committee was considered by this court in
Shoukathali Pullikuzhiyil and another v. the District Legal
Authorization Committee and others [2017 (3) KHC 259] and it was held
that verification through Police as a routine manner in all cases should be
avoided and it is the Authorization Committee to take the decision.
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 hereby granted liberty to hand over all
relevant documents to the 2nd respondent - Convener of
Local Committee of Organ Transplantation, without a
'Certificate of Altruism' and this shall be done within a
period of two weeks 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, except 'Certificate of Altruism', to
the 1st respondent - District Level Authorization Committee
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-5-:
for Transplantation of Human Organs (DLAC); and this
shall be done within a period of one week thereafter.
(c) On the afore application reaching the 1st respondent -
DLAC, its competent Authority will notify the petitioners
and inform whether they have to obtain a 'Certificate of
Altruism' from the concerned Police Authority.
(d) If the DLAC is to find that no such Certificate is required
in this case, they will complete the processes, leading to
necessary permissions to be granted to the petitioners,
within a period of one month thereafter.
(e) However, if, on the contrary, the DLAC is to find that
'Certificate of Altruism' is required to be obtained by the
petitioners, they will intimate them of such within a period
of two weeks from the date on which they receive
application from the 2nd respondent; upon which, the
petitioners will be required to obtain the same and produce
it before the said Authority, as per law.
(f) On the afore being done, the DLAC will take a final
decision on the petitioners' request, within a period of one
month from the date on which such Certificate is produced.
(g) Needless to say, if the 1st respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the 3 rd
respondent - Deputy Superintendent of Police, or such
other competent Authority, will act upon the application for
such to be made before them; and will issue necessary
certificate without any avoidable delay, but not later than
two weeks from the date on which it is received by them,
after making all necessary enquiries.
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
2025:KER:64790
WP(C) NO. 32208 OF 2025
:-6-:
APPENDIX OF WP(C) 32208/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RATION CARD IN
NO.1631011453 ISSUED BY TALUK SUPPLY
OFFICER, PEERUMEDU IN THE NAME OF
THE 1ST PETITIONER WHO IS THE HEAD
OF THE FAMILY
Exhibit P2 TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR, SIGNED BY
HIS WIFE DATED 21.7.2025
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR, GIVEN BY
HIS BROTHER DATED 21.7.2025
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED
BY THE KADUTHURUTHY MLA SRI. MONS
JOSEPH, ADVOCATE DATED NIL.
Exhibit P5 TRUE COPY OF THE JOINT AFFIDAVIT OF
THE PETITIONERS DATED 3.7.2025
Exhibit P6 TRUE COPY OF THE CONSENT OF THE 2ND
PETITIONER ALONG WITH HIS WIFE DATED
30.7.2025
Exhibit P7 TRUE COPY OF THE CONSENT OF THE 2ND
PETITIONER ALONG WITH HIS BROTHER
DATED 30.7.2025
Exhibit P8 TRUE COPY OF THE FORM NO.3
APPLICATION OF THE PETITIONERS DATED
12/8/2025
APPLICATION OF THE PETITIONERS DATED
12/8/2025
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
29.03.2022 IN W.P.(C).NO. 10485/
2022 OF THIS HON'BLE COURT
