Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 PETITIONER: SUNIL, AGED 46 YEARS, S/O.SHAMSUDEEN, PARAYIL PUTHENVEEDU, CHARUMKUZHI, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310. BY ADV. C.M.MOHAMMED IQUABAL RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, KOZHIKODE, GOVERNMENTMEDICAL COLLEGE, KOZHIKODE, PIN-673 008 REPRESENTED BY ITS CHAIRMAN. 2 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, ASTER MIMS HOSPITAL, MINI BYE-PASS ROAD, GOVINDAPURAM, KOZHIKODE DISTRICT, PIN-673 016. 3 THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA, DY.S.P.OFFICE, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 141. R2 SRI. M.K. SUMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
Dated this the 5th day of January, 2024 When this matter was called today, the learned
Government Pleader - Sri.Sunil Kumar Kuriakose and learned counsel for the petitioner - Sri.C.M.Mohammed Iquabal, were ad idem that the issues involved in this case have already been answered by this Court in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC 293]. He prayed that, therefore, this writ petition also be ordered in terms of the directions issued therein.
In the afore circumstances, I allow this writ petition with the following directions:
a) The 2nd respondent - Local Committee of Organ Transplantation of the Hospital concerned, will, thereupon, 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 -3- shall be done within a period of one week from the date of receipt of a copy of this judgment. b) On the afore application reaching the 1 st respondent - DLAC, its competent Authority will notify the petitioner and inform them whether he has to obtain a ‘Certificate of Altruism’ from the concerned Police Authority. c) 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. d) 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 him of such within a period of two weeks from the date on which they receive application from the 2nd respondent; upon which, the petitioner will be required to obtain the same and produce it before the said Authority, as per law. e) On the afore being done, the DLAC will take a final decision on the petitioner's request, within a period of -4- one month from the date on which such Certificate is produced. g) Needless to say, if the 1 st respondent calls upon the petitioner to obtain a ‘Certificate of Altruism’, the 3 rd 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 the date on which it is received by them, after making all necessary enquiries.
Sd/- DEVAN RAMACHANDRAN JUDGE bpr -5- APPENDIX OF WP(C) 50/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ELAKAMON GRAMA PANCHAYATH, VARKALA DATED 19.12.2023 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VARKALA MLA DATED 21.12.2023 Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 16.12.2023 Exhibit P4 THE TRUE COPY OF THE AFFIDAVIT OF THE WIFE OF THE PETITIONER DATED 16.12.2023 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF RAJENDRA KUMAR, THE PATIENT DATED Exhibit P6 THE TRUE COPY OF FORM II APPLICATION OF THE PETITIONER AND THE PATIENT DATED Exhibit P7 THE TRUE COPY OF FORM 3 APPLICATION OF THE PETITIONER AND PATIENT DATED