Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31ST DAY OF JANUARY 2022/11TH MAGHA, 1943 WP(C) NO. 2824 OF 2022 PETITIONERS: 1 AYISHABI, AGED 61 YEARS, W/O.SAFARULLA M.A., ARANGADI HOUSE, KOTTIKKULAM, BEKAL, UDMA, HOSDURG, KASARGOD, PIN - 671 318. 2 SARITHA T., AGED 36 YEARS, W/O.ROBIN, PANIYANCHIRA, AMBITTANTHERIS, KORANCHIRA P.O., KIZHAKKANCHERRY, PALAKKAD, PIN - 678 684. BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, PIN - 683 104 REPRESENTED BY ITS CHAIRMAN. 2 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, AMRUTHA INSTITUTE OF MEDICAL SCIENCE, (AMRUTHA HOSPITAL), PONEKKARA, AIMS P.O., ERNAKULAM DISTRICT,, PIN - 682 041. 3 THE DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, DYSP OFFICE, COURT RD, ALATHUR, PALAKKAD DISTRICT,, PIN - 678 541. BY ADV SRI.P.R.AJITHKUMAR, R2 SMT.PARVATHY KOTTOL, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of January, 2022 The 1st petitioner is suffering from chronic liver disease. The 2nd petitioner has expressed her readiness to donate her liver to the 1 st petitioner. The petitioners are not close relatives. Therefore, prior approval of the 1st respondent-District Level Authorisation Committee is required. The petitioners submitted Exts.P10 and P11 applications to the 2nd respondent.
2. The petitioners allege that the 2 nd respondent is
not forwarding the applications to the 1 st respondent on untenable grounds. The 2nd respondent insists that they should get a report from the 3 rd respondent for forwarding the application for unrelated liver transplantation to the 1 st respondent.
3. The 2nd respondent entered appearance. The
2nd respondent submitted that if the petitioners file application along with all supporting documents, the 2 nd respondent is ready and willing to forward the same to the 1st respondent within 24 hours after processing the application.
4. Having considered the arguments advanced and
having heard the learned counsel appearing on either side, I am of the opinion that the applications preferred by the petitioners are liable to be considered expeditiously by the 1st respondent in accordance with law.
5. Accordingly, there will be a direction to the 2 nd
respondent to forward Exts.P10 and P11 applications to the 1st respondent for consideration, at the earliest. The 1 st respondent shall conduct all due verification including by reference to the 3rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed in this regard within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- N. NAGARESH JUDGE ncd/01.02.2022 APPENDIX OF WP(C) 2824/2022 PETITIONERS' EXHIBITS Exhibit-P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 1ST PETITIONER AND HER SON DATED 10.01.2022 Exhibit-P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER HUSBAND DATED 27.12.2021 Exhibit-P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY UDMA MLA DATED 25.12.2021 Exhibit-P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY ALATHUR MLA DATED 14.12.2021 Exhibit-P5 THE TRUE COPY OF THE DECLARATION OF THE PETITIONERS DATED 7.1.2022 Exhibit-P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 7.1.2022 Exhibit-P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 10.1.2022 Exhibit-P8 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 10.1.2022 Exhibit-P9 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF THE 2ND PETITIONER DATED 10.1.2022 Exhibit-P10 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 7.1.2022 Exhibit-P11 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 8.1.2022