Kerala High Court
Sumi R vs The District Level Authorization ... on 9 May, 2025
2025:KER:33685
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
WP(C) NO. 16487 OF 2025
PETITIONER:
SUMI R.
AGED 40 YEARS
W/O.ALOYSIUS,MOOLAVILA VEEDU, KURUMANDAL, PARAVUR P.O.,
KOLLAM DISTRICT, PIN - 691301
BY ADV 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, PIN - 682040
3 THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR
A.C.P.OFFICE, MEENAD, CHATHANOOR P.O., KOLLAM DISTRICT,
PIN - 691573
BY ADVS.
Abel Tom Benny
D.PREM KAMATH(K/1285/1998)
TOM THOMAS (KAKKUZHIYIL)(K/000821/2008)
AARON ZACHARIAS BENNY(K/001533/2023)
ALAN J YOGYAVEEDU(K/2740/2022)
CLINT JUDE LEWIS(K/001973/2024)
MATHEW ANGELO DAVIS(K/002460/2023)
ANANDITHA RAJEEV(K/000449/2025)
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W.P. (C) No. 16487 of 2025 2
SRI.ASHWIN SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 16487 of 2025 3
HARISANKAR V. MENON, J.
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W.P.(C) No. 16487 of 2025
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Dated this the 9th day of May, 2025
JUDGMENT
The petitioner, a proposed donor for a kidney
patient seeks a direction for forwarding Exts.P9 and P10
applications for consideration by the authorization
committee without insisting for the production of a
certificate of altruism. The question as regards the
requirement of such a certificate is the look out of the
committee.
Hence, the Writ petition would stand 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 of Organ
Transplantation, without a 'Certificate of Altruism'
and this shall be done within a period of two
weeks from today.
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(b) The 2nd respondent - Convener of Local
Committee of Organ Transplantation of the
Hospital concerned, will forward the application 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 1st
respondent - DLAC, its competent Authority will
notify the petitioner and inform them 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 her
of such within a period of two weeks from the
date on which they receive application from the
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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 produced.
(g) Needless to say, if the 1st respondent calls upon
the petitioner to obtain a 'Certificate of Altruism',
the 3rd respondent - The Assistant Commission 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/-
HARISANKAR V. MENON
SCB
JUDGE
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APPENDIX OF WP(C) 16487/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND PATIENT
DATED 12.12.2024.
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HER
HUSBAND DATED 27.11.2024.
Exhibit P3 THE TRUE COPY OF IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HER
SISTER DATED 27.11.2024.
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
MAVELIKKARA MLA DATED 13.01.2025.
Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF
PETITIONER AND PATIENT DATED 13.01.2025.
Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE
PETITIONER DATED 11.01.2025.
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE
HUSBAND OF PETITIONER DATED 11.01.2025.
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE SISTER
OF THE PETITIONER DATED 11.01.2025.
Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION OF THE
PETITIONER AND THE PATIENT DATED
15.04.2025.
Exhibit P10 THE TRUE COPY OF FORM 11 APPLICATION OF
THE PETITIONER AND PATIENT DATED
15.04.2025.
