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Kerala High Court
Soly T.X vs The District Level Authorization ... on 17 December, 2025
2025:KER:97179
WP(C) NO.47331 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
WP(C) NO. 47331 OF 2025
PETITIONER:
SOLY T.X.
AGED 50 YEARS
S/O.XAVIER, THEKKEVEETTIL, PUTHUVYPE, OCHAMTHURUTH
P.O., ERNAKULAM DISTRICT, PIN - 682508
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 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
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL
TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN -
682016
3 THE DEPUTY SUPERINTENDENT OF POLICE, MUNAMBAM
DY.S.P.OFFICE, MALIYANKARA P.O., KUZHUPPILLY,
ERNAKULAM DISTRICT, PIN - 683516
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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SHOBA ANNAMMA EAPEN, J.
------------------------------
W.P(C).No. 47331 OF 2025
------------------------------
Dated this the 17th day of December, 2025
JUDGMENT
The petitioner is the proposed donor of a kidney patient-
Mr.Khalid.R.K.. who is undergoing treatment for kidney related
problems at the Medical Trust 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 kidney transplantation as per Exts.P8 and P9
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 2nd respondent to accept
and forward Exts.P8 and P9 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 petitioners, in the event
of request from 1st respondent;"
2. When the petitioner came to know about the disease
of the recipient Mr.Khalid.R.K.., he expressed his readiness to
donate his kidney. Thereafter, Exts.P8 and P9 joint applications
were produced before the second respondent- the Convener, Local
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Committee of Organ Transplantation. Since the petitioner and
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- the
District Level Authorization Committee for transplantation of
human organs for getting approval. Since the third respondent- the
Deputy Superintendent of Police 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:
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(a) The petitioner is 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 petitioner, 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 2nd respondent; upon
which, the petitioner 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 petitioner's request, within a period of
one month from the date on which such Certificate is
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produced.
(g) Needless to say, if the 1st respondent calls upon the
petitioner to obtain a 'Certificate of Altruism', the 3 rd
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.
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
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APPENDIX OF WP(C) NO. 47331 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HIS
SON DATED 14.08.2025
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HIS
WIFE DATED 14.08.2025
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE CHAIRMAN OF PANOOR MUNICIPALITY
DATED 24.05.2025
Exhibit P4 THE TRUE COPY OF THE JOINT AFFIDAVIT OF
PETITIONER AND PATIENT DATED 25.09.2025
Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE
PETITIONER DATED 25.09.2025
Exhibit P6 THE TRUE COPY OF THE CONSENT OF SON OF
THE PETITIONER DATED 25.09.2025
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE WIFE
OF PETITIONER DATED 25.09.2025
Exhibit P8 THE TRUE COPY OF FORM 3 APPLICATION OF
THE PETITIONER AND THE PATIENT DATED
15.12.2025
Exhibit P9 THE TRUE COPY OF FORM 11 APPLICATION OF
THE PETITIONER AND PATIENT DATED
15.12.2025
