Kerala High Court
Veena O vs The District Level Authorization ... on 9 May, 2025
WP(C) NO. 17776 OF 2025
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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. 17776 OF 2025
PETITIONER:
VEENA O.
AGED 38 YEARS
D/O.GOPALAKRISHNAN, KULANGARA VEEDU,
NEDUNGOLAM P.O., PARAVUR TALUK,
KOLLAM DISTRICT, PIN - 691 334
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ALAPPUZHA
ALAPPUZHA MEDICAL COLLEGE HOSPITAL, ALAPPUZHA ,
REPRESENTED BY ITS CHAIRMAN, PIN - 688 005
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, LISSIE
HOSPITAL, LISSIE HOSPITAL ROAD,
KATHRIKADAVU, ERNAKULAM DISTRICT, PIN - 682 017
3 THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR
ACP OFFICE, CHATHANNOOR, MEENAD, KERALA, PIN - 691 573
SRI.RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17776 OF 2025
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HARISANKAR V. MENON, J
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WP(C) No.17776 of 2025
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Dated this the 09th day of May 2025
JUDGMENT
The petitioner, a proposed donor for a liver patient,
has filed the captioned writ petition, pointing out that the
applications at Ext.P9 and P10 are not being considered for
want of a "certificate of altruism" from the competent
authority.
This Court notices that the question whether such a
certificate is required is to be considered by the concerned
authorisation committee. In such circumstances, this writ
petition would stand disposed of with the following directions:
(a) The petitioners are 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 petitioners, 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
petitioners 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 petitioners, within a period of one
month thereafter.
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(e) However, if, on the contrary, the DLAC is to find that
'Certificate of Altruism' is required to be obtained
by the petitioners, they will intimate them of such
within a period of two weeks from the date on
which they receive application from the 2 nd
respondent; upon which, the petitioners 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 petitioners' request, within a period
of one month from the date on which such
Certificate is produced.
(g) Needless to say, if the 1 st respondent calls upon the
petitioners to obtain a 'Certificate of Altruism', the
3rd respondent - Deputy Superintendent 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
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the date on which it is received by them, after
making all necessary enquiries.
Sd/-
HARISANKAR V. MENON
sn
JUDGE
WP(C) NO. 17776 OF 2025
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APPENDIX OF WP(C) 17776/2025
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PATIENT AND HIS SON DATED
24.04.2025
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE THRIKARIPPUR MLA DATED 23.04.2025
Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE
PETITIONER DATED 26.04.2025
Exhibit P4 THE TRUE COPY OF THE AFFIDAVIT OF PATIENT
DATED 26.04.2025
Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE
PETITIONER DATED 26.04.2025
Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE SISTER OF
THE PETITIONER DATED 26.04.2025
Exhibit P7 THE TRUE COPY OF THE DECLARATION OF THE
PETITIONER DATED 26.04.2025
Exhibit P8 THE TRUE COPY OF THE DECLARATION OF THE
PATIENT DATED 26.04.2025
Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION OF THE
PETITIONER AND PATIENT DATED 26.04.2025
Exhibit P10 THE TRUE COPY OF FORM 11 APPLICATION OF THE
PETITIONER AND PATIENT DATED 26.04.2025
Exhibit P11 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.10015/2024 OF THIS HON'BLE COURT DATED
13.03.2024
