Kerala High Court
Subin B vs The District Level Authorization ... on 21 October, 2025
WPC NO.38978 of 2025
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2025:KER:78206
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 38978 OF 2025
PETITIONER/S:
SUBIN B
AGED 36 YEARS
S/O.BHADRAN, KOCHUTHARA HOUSE,
PURAKKAD P.O., AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 688561
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAN ORGANS, ALAPPUZHA
ALAPPUZHA MEDICAL COLLEGE HOSPITAL, ALAPPUZHA ,
REPRESENTED BY ITS CHAIRMAN, PIN - 688005
2 THE CONVENER
LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
LISSIE HOSPITAL, LISSIE HOSPITAL ROAD, NORTH
KALOOR, KALOOR, ERNAKULAM DISTRICT, PIN -
682017
3 THE DEPUTY SUPERINTENDENT OF POLICE,
AMBALAPUZHA
DY.S.P.OFFICE, AMBALAPUZHA P.O., ALAPPUZHA
DISTRICT, PIN - 688005
SRI.SEBASTIAN JOSEPH KURISSUMOOTTIL SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of October, 2025
The petitioner herein is the proposed donor to one
Mr.Suresh P.A., who is hospitalised and currently under
intensive care. He is not in a position to appear before this
Court, as he is in a serious medical condition. In such
circumstances, the petitioner, who is a family friend of the
patient, has approached this Court in view of the fact that
neither the patient's wife nor his children or blood relatives
are in a position to donate a portion of their liver to him due
to incompatibility of blood group and other medical reasons.
2. The petitioner and the patient are stated to
be co-workers in the construction field, and owing to that
acquaintance, the petitioner, with the consent of his family
members and after taking all necessary precautions, has
volunteered to donate a portion of his liver to the patient.
3. The petitioner has submitted Exts. P10 and
P11 applications before the 2nd respondent. However, the 2nd
respondent has not forwarded Exts. P10 and P11 to the 1st
respondent on the ground that an altruism certificate has not
been issued.
4. The petitioner, therefore, seeks a direction
to the 2nd respondent to forward the said applications to the
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first respondent for consideration at the earliest, taking into
account the serious condition of the patient. The petitioner
further seeks a direction to the 1st respondent to consider
Exts. P10 and P11 expeditiously and pass appropriate orders
in light of the petitioner's willingness to donate a portion of
his liver to the patient.
5. I have heard Sri.C.M.Mohammed Iquabal,
the learned counsel for the petitioner and Sri.Sebastian
Joseph Kurisumuttil, the learned Senior Government Pleader
for respondents 1 and 3.
Taking note of the urgency of the situation, I deem it
appropriate to dispense with the notice to the second
respondent at this point of time, and the writ petition is
disposed of with the following directions:
(a) The petitioner is hereby granted liberty to hand over all
relevant documents to the second respondent - Convener of
Local Committee of Organ Transplantation. If the petitioner
and the patient want to produce any additional document,
they are free to produce the same and this shall be done
forthwith from today.
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(b) The second respondent - Convener of Local Committee of
Organ Transplantation of the Hospital concerned, will forward
Exts.P10 and P11 applications of the petitioner along with all
necessary documents to the first respondent - District Level
Authorization Committee for Transplantation of Human
Organs (DLAC); and this shall be done within a period of one
week thereafter.
(c) On the aforesaid application reaching the first respondent
- DLAC, its competent authority shall take a decision as to
whether the matter is to be sent for an altruism certificate, in
the light of Shoukathali Pullikuzhiyil and another v. The
District Level Authorization Committee and others
[2017 (3) KHC 259], taking note of the urgency of the
situation.
(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 week thereafter.
(e) If the DLAC ultimately finds that an altruism certificate is
required, it may follow the necessary procedure.
Sd/-
P.M.MANOJ
JUDGE
sss
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APPENDIX OF WP(C) 38978/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TREATMENT
CERTIFICATE ISSUED BY THE LISSIE
HOSPITAL, ERNAKULAM DATED 19.10.2025
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND
PATIENT DATED 10.10.2025
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HIS
SISTER DATED 16.10.2025
Exhibit P4 THE PETITIONER IS NOT MARRIED. THE
TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PERUMBAVOOR MLA DATED 13.10.2025
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE
ISSUED BY THE ALAPPUZHA MLA DATED
15.10.2025
Exhibit P6 THE TRUE COPY OF THE JOINT AFFIDAVIT
OF THE PETITIONER AND PATIENT DATED
13.10.2025
Exhibit P7 THE TRUE COPY OF THE DECLARATION OF
THE PETITIONER DATED 16.10.2025
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE
SISTER OF THE PETITIONER DATED
16.10.2025
Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE
MOTHER OF THE PETITIONER DATED
16.10.2025
Exhibit P10 THE TRUE COPY OF FORM 3 APPLICATION OF
THE PETITIONER AND PATIENT DATED
17.10.2025
Exhibit P11 THE TRUE COPY OF FORM 11 APPLICATION
OF THE PETITIONER AND PATIENT DATED
16.10.2025
