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Jaison T.K vs State Of Kerala
2025 Latest Caselaw 1872 Ker

Citation : 2025 Latest Caselaw 1872 Ker
Judgement Date : 3 January, 2025

Kerala High Court

Jaison T.K vs State Of Kerala on 3 January, 2025

                                                                      2025:KER:9


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

          FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                              WP(C) NO. 24 OF 2025


PETITIONERS:

     1         JAISON T.K.
               AGED 60 YEARS
               S/O. MARIYAMMA, GILGAL COTTAGE, NARIKKAL P.O.,
               KOLLAM DISTRICT, PIN - 691322

     2         SOUMYA I.
               AGED 38 YEARS
               W/O. SYAMSUNDAR, DEVI NIVAS, VARANAD P.O.,
               CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688539


               BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO HEALTH DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     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

               BY ADV.SMT.SURYA BINOY, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2025,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2025:KER:9

W.P.(C.) No.24 of 2025
                              -2-

                            JUDGMENT

Dated, this the 03rd day of January, 2025

The petitioners seek disposal of Ext.P12 appeal pending

before the second respondent within a time frame to be fixed

by this Court. The first petitioner is a chronic kidney

patient, who is awaiting transplantation. His proposal for

donor was rejected by Ext.P11 order.

2. In view of the limited prayer espoused before this

Court, this Court directs the second respondent to consider

and pass orders on Ext.P12 appeal within a period of three

weeks from today. The learned Government Pleader will inform

the second respondent about this judgment today itself.

Besides it will be open for the petitioners to produce a

copy of this judgment before the second respondent. Needless

to say that, the petitioners will be afforded with an

opportunity of being heard before taking a final call on

Ext.P12.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN, JUDGE SKP/03-01 2025:KER:9

APPENDIX OF WP(C) 24/2025

PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 17.04.2024

EXHIBIT P2 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 19.03.2024

EXHIBIT P3 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER SISTER DATED 19.03.2024

EXHIBIT P4 THE TRUE COPY OF THE AFFIDAVIT OF PETITIONERS DATED 02.05.2024

EXHIBIT P5 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED 02.05.2024

EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF DONOR DATED 02.05.2024

EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE SISTER OF THE DONOR DATED 02.05.2024

EXHIBIT P8 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 13.06.2024

EXHIBIT P9 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 13.06.2024

EXHIBIT P10 THE TRUE COPY OF THE INTERIM ORDER IN W.P. (C).NO.21983/2024 OF THIS HON'BLE COURT DATED 21.06.2024

EXHIBIT P11 THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 04.11.2024

EXHIBIT P12 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 30.11.2024

RESPONDENTS' ANNEXURES:NIL

TRUE COPY

P.A. TO JUDGE

 
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