Kerala High Court
Nimisha Nizar vs The District Level Authorization ... on 2 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48090
WP(C) NO. 24047 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 24047 OF 2025
PETITIONER:
NIMISHA NIZAR
AGED 24 YEARS
D/O.NIZAR M.,PUTHUVAL PURAYIDAM, THUMPOLY,
ALAPPUZHA NORTH P.O., KOMALAPURAM VILLAGE,
AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN -
688007
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,
LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED,
MARADU, NETTOOR P.O., ERNAKULAM DISTRICT, PIN -
682040
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WP(C) NO. 24047 OF 2025
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3 THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA
DY.S.P. OFFICE, ALAPPUZHA DISTRICT, PIN -
688012
BY ADV.SMT.ANIMA.M- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 24047 OF 2025
3
N. NAGARESH, J.
----------------------
W.P.(C) No.24047 of 2025
------------------------------
Dated this the 2nd day of July, 2025
JUDGMENT
The petitioner is the proposed donor of a liver patient.
In order to facilitate legal organ transplantation, a joint
application is to be submitted to the 1st respondent. The
application has to be submitted through the 2nd respondent-
Local Level Committee for Organ Transplantation.
2. The petitioner and the patient submitted
application to the 2nd respondent and requested to process
and forward the same to the 1st respondent for authorisation
of transplantation. The 2nd respondent is not forwarding the
same on the ground that the petitioner and the patient have
not submitted Altruism Certificate.
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WP(C) NO. 24047 OF 2025
3. Counsel for the petitioner submitted that in
view of various judgments of this Court, the Local Level
Committee for Organ Transplantation need not withhold an
application in the absence of Altruism Certificate since the 1st
respondent can always call for that certificate from the 3rd
respondent.
4. Standing Counsel entered appearance and
resisted the writ petition on behalf of the 2nd respondent. The
2nd respondent submitted that on receipt of application for
organ transplantation from the petitioner and the patient, it
was noticed that the application was not supported by all
requisite certificates and documents. Therefore, the 2nd
respondent could not forward the same to the 1st respondent.
If the petitioner and the patient submit the application with all
supporting documents, the 2nd respondent can forward the
same to the 1st respondent after due processing.
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WP(C) NO. 24047 OF 2025
5. I have heard the learned Counsel for the
petitioner, the learned Government Pleader representing
respondents 1 and 3 and the learned Standing Counsel
appearing for the 2nd respondent.
6. The petitioner seeks authorisation for
transplantation of human organ. This is immediately required
for the safety of the life of the patient. The petitioner,
therefore, submitted application to the 2nd respondent. The 2nd
respondent has not processed the application in the absence
of certain certificates / documents.
7. Considering the fact that an Altruism
Certificate can always be called for by the 1st respondent from
the jurisdictional Deputy Superintendent of Police, I am of the
view that the 2nd respondent need not withhold the application
indefinitely, as it will have adverse impact on the life of the
patient.
The writ petition is, therefore, disposed of directing
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WP(C) NO. 24047 OF 2025
that if the petitioner and the patient resubmit joint application
along with available documents / certificates to the 2nd
respondent, the 2nd respondent shall process the same and
forward it to the 1st respondent without awaiting for Altruism
Certificate. The 2nd respondent shall forward the same within
a period of one week. The 1st respondent, on receipt of the
application, shall process the same, if necessary, by calling
for relevant Altruism Certificate from the jurisdictional Deputy
Superintendent of Police and a decision thereon shall be
taken as expeditiously as possible and at any rate within a
further period of four weeks from the date of receipt of the
application and relevant documents.
Sd/-
N. NAGARESH
JUDGE
Mn
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WP(C) NO. 24047 OF 2025
APPENDIX OF WP(C) 24047/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE
ISSUED BY THE VPS LAKESHORE HOSPITAL,
ERNAKULAM DATED 24.06.2025
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND THE
PATIENT DATED 18.06.2025
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HER
HUSBAND DATED 30.04.2025
Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HER
FATHER DATED 30.04.2025
Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT
OF THE PETITIONER AND PATIENT DATED
23.06.2025
Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE
PETITIONER DATED 23.06.2025
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE
FATHER OF THE PETITIONER DATED
23.06.2025
Exhibit P8 THE TRUE COPY OF THE CONSENT OF
HUSBAND OF THE PETITIONER DATED
23.06.2025
Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION OF
THE PETITIONER AND PATIENT DATED
23.06.2025
Exhibit P10 THE TRUE COPY OF FORM 11 APPLICATION
OF THE PETITIONER AND PATIENT DATED
23.06.2025
