Abdul Kader Moosa vs State Of Kerala
2025 Latest Caselaw 6707 Ker

Citation : 2025 Latest Caselaw 6707 Ker
Judgement Date : 13 June, 2025

Kerala High Court

Abdul Kader Moosa vs State Of Kerala on 13 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2025:KER:41863

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

  FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947

                  WP(C) NO. 19249 OF 2025

PETITIONERS:
    1     ABDUL KADER MOOSA,
          AGED 69 YEARS,
          S/O. MOOSA ABDUL KADER,
          GREEN VIEW HOUSE, UPPALA, UPPALA GATE P.O.,
          KASARAGOD DISTRICT, KERALA, PIN - 671322

    2    SHIJI,
         AGED 43 YEARS,
         W/O.RAJEEV, KANNAMPARAMBIL HOUSE,
         KAIPAMANGALAM, KAIPAMANGALAM P.O.,
         THRISSSUR DISTRICT, KERALA., PIN - 680681

         BY ADVS.
         SRI.SHAJI THANKAPPAN
         SRI.SUBIN K SUDHEER
         SRI.AJAY GOPAL
         SRI.AMAL BABY
         SRI.NANDUKRISHNA D.


RESPONDENTS:

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

    2    THE DISTRICT LEVEL AUTHORIZATION
         COMMITTEE FOR RENAL TRANSPLANTATION
         REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL,
         GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
         ERNAKULAM, KERALA., PIN - 683104
                                               2025:KER:41863
W.P.(C) No.19249/2025
                             :2:


     3     ORGAN TRANSPLANTATION LOCAL LEVEL COMMITTEE
           REPRESENTED BY ITS CHAIRMAN,
           MEDICAL DIRECTOR, VPS LAKESHORE HOSPITAL,
           MARADU, NETTOOR P.O., ERNAKULAM,
           KERALA, PIN - 682016

     4     DEPUTY SUPERINTENDENT OF POLICE,
           OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
           65GW+MF9, KODUNGALLUR,
           THRISSUR, KERALA, PIN - 680669

           BY ADVS.
           SRI.ABEL TOM BENNY, SC
           SRI.D.PREM KAMATH
           SRI.TOM THOMAS (KAKKUZHIYIL)
           SRI.AARON ZACHARIAS BENNY
           SRI.ALAN J YOGYAVEEDU
           SMT.JYOTHIKA KRISHNA
           SRI.MATHEW ANGELO DAVIS
           SMT.ANANDITHA RAJEEV
           SMT.AMMINI KUTTY, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION      (CIVIL) HAVING COME UP         FOR
ADMISSION ON 13.06.2025,     THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:41863
W.P.(C) No.19249/2025
                                  :3:




                             JUDGMENT

Dated this the 13th day of June, 2025

The writ petition is filed seeking the following reliefs:-

"i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 4 to comply with the judgment in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC 293] forthwith.

ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.3 to forward all the documents necessary in the case of the petitioners to the 2ndrespondent forthwith.

iii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.2 to pass appropriate final order in the case of the petitioners within a time frame as may be fixed by this Hon'ble Court.

iv) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.4 to issue a certificate of Altruism forthwith."

2. I have heard the learned counsel for the

petitioners, the learned Government Pleader appearing for 2025:KER:41863

respondents 1, 2 and 4 and the learned Standing Counsel for

the 3rd respondent.

3. It is submitted by the learned counsel for the

petitioners that though an application had been preferred before

the 3rd respondent for effecting an unrelated kidney transplant, it

has not been forwarded by the 3rd respondent on the ground that

it is not accompanied by a Certificate from the 4th respondent. It

is submitted by the learned counsel for the petitioners that the

verification by the 4th respondent is not a condition precedent for

forwarding of the application and the 2nd respondent, who is the

Authority under the enactment, can call for reports from the 4 th

respondent, if required.

4. The learned counsel for the 3nd respondent

submits that the petitioners have not submitted application with

supporting documents to the 3rd respondent. The counsel for

the petitioners, however, refuted the said contention and states

that though the application was submitted, the officials under the 2025:KER:41863

3rd respondent refused to accept the application in the absence

of a Court order.

5. Government Pleader on instructions submitted

that Ext.P6 letter issued by the 3 rd respondent has not been

received by the 4th respondent. Government Pleader further

submitted that the donor had earlier approached the 4 th

respondent in the year 2024 for donating Kidney to another

person which request was rejected. The 3 rd respondent should

be directed to send a properly addressed Ext.P6 letter to the 4 th

respondent.

6. Having considered the contentions advanced

and having heard the learned counsel appearing on either side, I

am of the opinion that the application preferred by the petitioners

is liable to be considered expeditiously by the 2 nd respondent in

accordance with law.

7. Accordingly, there will be a direction to the 3 rd

respondent to forward Ext.P3 application to the 2 nd respondent 2025:KER:41863

for consideration, at the earliest, if the petitioners resubmit the

same with supporting documents. The 3 rd respondent should

also send a properly addressed Ext.P6 letter to the 4 th

respondent. The 2nd respondent shall conduct all due

verifications including by reference to the 4th respondent, if found

necessary, and shall pass appropriate orders after considering

all relevant aspects of the matter. Orders shall be passed within

a period of one month from the date of receipt of a copy of this

judgment.

Writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:41863

PETITIONER'S EXHIBITS:

Exhibit P1 THE MEDICAL REPORT ISSUED TO THE 1ST PETITIONER FROM THE VPS LAKESHORE HOSPITAL, ERNAKULAM DATED 20.03.2025 Exhibit P2 A TRUE PHOTOCOPY OF THE FORM 11 APPLICATION DATED 21.05.2025 Exhibit P3 A TRUE PHOTOCOPY OF THE FORM 3 APPLICATION DATED 21.05.2025 Exhibit P4 A TRUE PHOTOCOPY OF THE NOTARIZED AFFIDAVIT DATED 14.05.2025 Exhibit P5 A TRUE PHOTOCOPY OF THE NOTARIZED AFFIDAVIT OF THE 2ND PETITIONER GIVING HER CONSENT FOR ORGAN TRANSPLANT TO THE 1ST PETITIONER DATED 21.05.2025 Exhibit P6 A TRUE PHOTOCOPY OF THE LETTER DATED 07.04.2025 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P7 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.09.2023 IN WP(C) NO.30365/2023 AND WP(C) NO.30984/2023.