Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 PETITIONERS :- 1 RAMLA.U, AGED 49 YEARS W/O. HASSAINAR, UPPUKODAN HOUSE, CHATHANALLUR, VALAMBUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679325 2 ANITHA .M, AGED 38 YEARS W/O.SASIKUMAR, KOYAKKODE HOUSE, MATHUR P.O., ALATHUR TALUK,PALAKKAD DISTRICT, PIN - 678571 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS :- 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HEALTH DEPARTMENT,GOVERNMENT SECRETARIAT, 2 THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, 3 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 SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Eventhough the petitioners impugn Ext.P11, they concede that they have already preferred Ext.P12 statutory Appeal against it, before the 2nd respondent.
2. Sri.C.M.Mohammed Iquabal - learned counsel for the
petitioners, submitted that, since Ext.P12 is pending before the 2 nd respondent without orders even now; and since his clients require urgent orders on account of the debilitating health condition of the first among them, the 2 nd respondent may be directed to dispose of the same, within a short time frame to be fixed by this Court.
3. Smt.Vidya Kuriakose - learned Government Pleader, in
response, submitted that the if the petitioners only require their statutory Appeal to be disposed of by the 2nd respondent, it will be done at the earliest, after hearing them. She however, prayed that this Court make no affirmative declarations in their favour in this
judgment and leave all issues to be decided appropriately by the 2 nd
respondent.
4. Taking note of the afore submissions, I allow this writ
petition, directing the 2nd respondent to take up Ext.P12 statutory Appeal and dispose of the same, after affording necessary opportunities of being heard to the petitioner, adverting to all relevant and germane inputs; thus culminating in an appropriate
order and necessary action thereon, as expeditiously as is possible
but not later than two weeks from the date of receipt of a copy of this
judgment.
I make it clear that I am fixing the time short for disposal of the statutory appeal, adverting specifically to the assertion of petitioners that the first among them is now struggling for her life. Sd/- DEVAN RAMACHANDRAN JUDGE SMA APPENDIX OF WP(C) 7975/2024 PETITIONER EXHIBITS :-
Exhibit P1 THE TRUE COPY OF THE ALTRUISM
CERTIFICATE ISSUED BY THE DEPUTY
SUPERINTENDENT OF POLICE, ALATHURDATED 30.10.2023 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MANKADA MLA DATED 18.10.2023 Exhibit P3 THE TRUE COPY OF THE IDENTIFICATION HUSBAND DATED 21.07.2023 Exhibit P4 THE TRUE COPY OF THE IDENTIFICATION MOTHER DATED 21.07.2023 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONERS DATED 10.10.2023 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE DONOR WITNESSED BY HER HUSBAND AND MOTHER DATED 12.10.2023 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE DONOR DATED 12.10.2023 Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE DONOR DATED 12.10.2023 Exhibit P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF PETITIONERS DATED 12.10.2023 Exhibit P10 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 10.11.2023 Exhibit P11 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 09.02.2024 Exhibit P12 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 12.02.2024