Rajesh, vs the District Level Authorization Committee for Transplantation of Human Organs Ernakulam,

Rajesh, vs The District Level Authorization Committee for Transplantation of Human Organs Ernakulam,

Type Court Judgment Court Kerala Decided Feb 07, 2024

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https://sooperkanoon.com/case/1306973

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Citation: sooperkanoon.com/1306973
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Feb 07, 2024
Case Number: WP(C)/4641/2024

Parties & Advocates

Appellant / Petitioner

Rajesh,

Respondent

The District Level Authorization Committee for Transplantation of Human Organs Ernakulam,

Excerpt

.....theissues involved in this case have already beenanswered by this court in soubiya v. district level authorisation committee for transplantation of human organs, ernakulam [2023 (6) khc 293]. they 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 petitioner is hereby granted libertyto hand over all relevant documents to the 2nd respondent - convener of local level committee for renal transplantation without a 'certificate of altruism' and this shall be done within a -3- period of two weeks from today(b) the 2nd respondent - convener of local level committee for renal 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 1strespondent - dlac, its competent authority will notify the petitioner and inform him whether he has to obtain a ‘certificate of altruism’ from the concerned police authority.(d) if the dlac is to find that no suchcertificate is required in this case, they will complete the processes, leading to necessary -4- 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 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.(f) on the afore being done, the dlac will take a final decision.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 PETITIONER: RAJESH, AGED 37 YEARS, S/O. RAJAN, VAYALIL VEEDU, EDAVA P.O., VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695311. 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 MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN - 682016. 3 THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA, DY.S.P.OFFICE, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141. BY ADV. SMT.VIDYA KURIAKOSE, GP SRI.R.S.KALKURA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

When this matter was called today, the learned Government Pleader - Smt.Vidya 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]. They 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 petitioner is hereby granted liberty

to hand over all relevant documents to the 2nd respondent - Convener of Local Level Committee for Renal Transplantation without a 'Certificate of Altruism' and this shall be done within a -3- period of two weeks from today

(b) The 2nd respondent - Convener of Local Level Committee for Renal 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.

respondent - DLAC, its competent Authority will notify the petitioner and inform him whether he has 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 -4- 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 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.

(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 - Deputy Superintendent of Police, or such other -5- 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 akv -6- APPENDIX OF WP(C) 4641/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL OFFICER, FAMILY HEALTH CENTRE, PANDIKKAD DATED 31.01.2024 EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONER AND HIS MOTHER DATED 29.12.2023 EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VARKALA MLA DATED 11.01.2024 EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MANJERI MLA DATED 01.11.2023 EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER AND THE PATIENT DATED 25.10.2023 EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE PETITIONER DATED 18.01.2024 EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE WIFE OF THE PETITIONER DATED 18.01.2024 EXHIBIT P8 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE PETITIONER DATED 18.01.2024 EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONER AND THE PATIENT DATED 18.01.2024 EXHIBIT P10 THE TRUE COPY OF THE FORM II APPLICATION OF THE PETITIONER AND THE -7- PATIENT DATED 23.10.2023 EXHIBIT P11 THE TRUE COPY OF CERTIFICATE ISSUED BY DEPUTY SUPERINTENDENT OF POLICE, VARKALA DATED 16.09.2023

Same Court & Year Kerala · 2024 Same Parties Rajesh, vs The District Level Authorization Committee for Tra... Same Judge Honourable Mr. Justice Devan Ramachandran