[Cites 0, Cited by 0]
Kerala High Court
Anitha Siji vs The District Level Authorization ... on 5 December, 2025
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-1-:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 5TH DAY OF DECEMBER 2025/ 14TH AGRAHAYANA, 1947
WP(C) NO. 45691 OF 2025
PETITIONER:
ANITHA SIJI
AGED 44 YEARS
W/O.SIJI, YESODHAR NIVAS, MAYYANAD P.O., KOLLAM
DISTRICT, PIN - 691303
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ALAPPUZHA
GOVERNMENT MEDICAL COLLEGE HOSPITAL, ALAPPUZHA,
REPRESENTED BY ITS CHAIRMAN., PIN - 688005
2 THE CONVENER
LOCAL COMMITTEE FOR ORGAN TRANSPLANTATION, ASTER
MEDICITY, CHERANELLUR, SOUTH CHITTOOR, ERNAKULAM
DISTRICT, PIN - 682027
3 THE ASSISTANT COMMISSIONER OF POLICE, KOLLAM
A.C.P.OFFICE, KOLLAM P.O., KOLLAM DISTRICT, PIN
- 691001
OTHER PRESENT:
SRI. SHAMEER P M -GP FOR R1 AND R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-2-:
SHOBA ANNAMMA EAPEN, J.
------------------------------
W.P(C).No. 45691 OF 2025
------------------------------
Dated this the 5th day of December, 2025
JUDGMENT
The petitioner is the proposed donor of a liver patient, her
family friend, Mr.Moncy Kuriakose, who is undergoing treatment
for liver disease at Aster Medicity Hospital, Ernakulam. The
petitioner has 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 liver transplantation as per Exts.P4 and P5
applications within a time stipulated by this Hon'ble
Court;
b. Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 2 nd respondent to
accept and forward Exts.P4 and P5 applications with
documents to the 1st respondent for consideration,
without the certificate of the 3rd respondent.
c.Issue a writ of mandamus or any other appropriate writ,
order or direction directing the 3rd respondent to forward
the report regarding altruism of petitioner, in the event
of request from 1st respondent;"
2. When the petitioner came to know about the disease of
her family friend, Sri.Moncy Kuriakose, she expressed her
readiness to donate her liver. Thereafter Ext.P4 Form 3 application
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-3-:
and Ext.P5 Form 11 application were executed. Since the
petitioner and the patient 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. Since the third respondent has
not issued the letter of altruism, the second respondent did not
forward the same. Aggrieved by the same, the petitioner has
approached this court with the above writ petition.
3. The question whether a Certificate of Altruism is
mandatory to accept the applications along with its supporting
documents to be considered by the concerned authorisation
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.
4. In such circumstances, I am of the opinion that this writ
petition can be disposed of with the following directions:
(a) The petitioner is hereby granted liberty to hand over
all relevant documents to the 2nd respondent -
Convener of Local Committee for Organ
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-4-:
Transplantation, without a 'Certificate of Altruism'
and this shall be done within a period of two weeks
from today.
(b) The 2nd respondent - Convener for Local Committee
of Organ Transplantation of the Hospital concerned,
will forward the applications, along with all
necessary documents, except 'Certificate of Altruism',
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 from the date of receipt of a copy of this
judgment.
(c) On the afore application reaching the 1 st respondent
- DLAC, its competent Authority will notify the
petitioner 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 petitioner, 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 petitioner, they will intimate them of
such within a period of two weeks from the date on
which they receive application from the 2 nd
respondent; upon which, they 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 their request, within a period of one
month from the date on which such Certificate is
produced.
(g) Needless to say, if the 1 st respondent calls upon the
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-5-:
petitioner to obtain a 'Certificate of Altruism', the
3rd respondent - Assistant Commissioner 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.
(h) The petitioner shall produce a certified copy of the
judgment before the second respondent for
compliance.
The writ petition is disposed of accordingly.
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
2025:KER:94338
W.P(C).No. 45691 OF 2025
:-6-:
APPENDIX OF WP(C) NO. 45691 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND
PATIENT DATED 27.11.2025
Exhibit P2 THE TRUE COPY OF THE AFFIDAVIT OF THE
DAUGHTER OF THE PETITIONER MISS.
ASWATHY S. DATED 02.09.2025
Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE
DAUGHTER OF THE PETITIONER MISS.
ALEENA S. DATED 02.09.2025
Exhibit P4 THE TRUE COPY OF FORM 3 APPLICATION OF
THE PETITIONER AND PATIENT DATED
02.09.2025
Exhibit P5 THE TRUE COPY OF FORM 11 APPLICATION
OF THE PETITIONER AND PATIENT DATED
02.09.2025
Exhibit P6 THE TRUE COPY OF THE REQUEST SENT BY
ASTER MEDICITY, KOCHI TO THE 3RD
RESPONDENT DATED 26.11.2025
