Kerala High Court
Shajimon M vs The District Level Authorization ... on 8 September, 2025
2025:KER:66508
WP(C) No.32876/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 32876 OF 2025
PETITIONER/S:
SHAJIMON M., AGED 41 YEARS, S/O.MUHAMMED KUNJU,
AMBANAKULAGARAVELI, MANNANCHERRY P.O., AMBALAPPUZHA
TALUK, ALAPPUZHA DISTRICT, PIN - 688538
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
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, MEDICAL TRUST
HOSPITAL LTD, ERNAKULAM DISTRICT, PIN - 682016
OTHER PRESENT:
SMT. K B SONY, GP
SRI. R S KALKURA - R2.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.32876/2025
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JUDGMENT
The petitioner is the proposed donor of a kidney patient, who is
undergoing treatment for kidney related problems at the Medical Trust
Hospital, Ernakulam. He approached this Court seeking the following
reliefs:-
"a) Issue a Writ of Mandamus or any other appropriate writ,
order or direction directing respondents 1 and 2 to take
immediate and effective steps to issue approval for unrelated
kidney transplantation as per Exts.P9 and P10 applications
within a time stipulated by this Hon'ble Court.
b) Issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the 2nd respondent to accept
Exts.P9 and P10 applications with documents and forward to the
1st respondent for consideration, without any further delay.
c) Pass an order dispensing with the production of English
Translation of documents in Vernacular language at the time of
filing writ petition."
2. The petitioner is the family friend of the kidney patient,
who is advised to transplant his kidney immediately. When the
petitioner came to know about the disease, he expressed his readiness
to donate his kidney purely out of altruism and due to the love and
affection. Thereafter Ext.P5 joint affidavit, Ext.P6 affidavit, Ext.P7
consent of the wife of the petitioner and Ext.P8 consent of the sister of
the petitioner were executed. Since the petitioner and the patient are
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not close relatives, they approached the second respondent with Exts.P9
and P10 applications along with necessary documents including the
altruism certificate, to refer the matter to the first respondent for
getting approval. Aggrieved by the non consideration of the same, the
petitioner approached this Court with the writ petition.
3. When this case came up for hearing, the learned
counsel for the petitioner submitted that they need to produce certain
additional documents to the second respondent. Considering the facts
and circumstances of the case, I am of the opinion that this writ petition
can be 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
within a period of ten days from today.
(b) The second respondent - Convener of Local Committee
of Organ Transplantation of the Hospital concerned, will
forward Exts.P9 and P10 applications of the petitioner
along with all necessary documents to the first respondent
- District Level Authorization Committee for
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Transplantation of Human Organs (DLAC); and this shall be
done within a period of one week thereafter.
(c) On the afore application reaching the first respondent -
DLAC, its competent Authority will notify the petitioner and
the patient and inform 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
petitioners, they will intimate them of such within a period
of two weeks from the date on which they receive
application from the second 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
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month from the date on which such Certificate is produced.
(g) Needless to say, if the first respondent calls upon the
petitioner to obtain a 'Certificate of Altruism', the Assistant
Commissioner 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.
The writ petition is disposed of, accordingly.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
2025:KER:66508
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APPENDIX OF WP(C) 32876/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEPUTY SUPERINTENDENT OF POLICE ALAPPUZHA
DATED 29.11.2024
Exhibit P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HIS WIFE
DATED 06.09.2024
Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONER AND HIS SISTER
DATED 06.09.2024
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE PRESIDENT OF AJANOOR PANCHAYATH DATED
16.12.2024
Exhibit P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF
PETITIONER AND PATIENT DATED 16.10.2024
Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF PETITIONER
DATED 16.10.2024
Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE WIFE OF
THE PETITIONER DATED 16.10.2024
Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE SISTER OF
THE PETITIONER DATED 16.10.2024
Exhibit P9 THE TRUE COPY OF FORM 3 APPLICATION OF THE
PETITIONER AND THE PATIENT DATED 16.10.2024
Exhibit P10 THE TRUE COPY OF FORM 11 APPLICATION OF THE
PETITIONER AND PATIENT DATED 12.03.2025
