Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 PETITIONERS: 1 RASAK, AGED 40 YEARS S/O. ASSAINAR, THANDANAPARAMBIL HOUSE, VADAKKEKKARA P.O, PARAVUR, ERNAKULAM DISTRICT 2 MANU S AGED 29 YEARS S/O. SUKESAN, CHARUVILA VEEDU, MANAMBOOR P.O, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, PIN 683104, REPRESENTED BY ITS CHAIRMAN 2 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT PIN 682 016 3 THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL , ATTINGAL P.O, THIRUVANANTHAPURAM DISTRICT PIN 695 101
OTHER PRESENT: SMT.PRINCY XAVIER, GP, SRI.R.S.KALKURA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The 1st petitioner is a kidney patient undergoing treatment in the Medical Trust Hospital, Ernakulam, for both his kidneys and he is advised to have transplantation of kidney. It is stated that since the kidneys of the close relatives of the 1st petitioner are not suitable for transplantation, the 2nd petitioner has come forward to donate his kidney.
2. Petitioners submitted that though they submitted Exts.P8 and P9 applications along with all documents before the 2nd respondent, the same is not forwarded.
3. Adv.R.S.Kalkura, the learned Counsel for the
2nd respondent submitted that petitioners are yet to submit application and as and when application along with all the documents are produced, they will forward the same to the 1st respondent.
4. The transplantation of kidney from unrelated
donors are governed by Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994 ('the Act, 1994') and Rule 7(3) of the Transplantation of Human Organs and Tissues Rules, 2014 ('the Rules 2014'). The 1st respondent is the authority constituted for examining the applications for transplantation of
kidney in such circumstances when the donor is not related to the donee, in accordance with the provisions contained in the Act and Rules. Therefore, the writ petition is disposed of, with a direction to the 2nd respondent to forward the applications Exts.P8 and P9, as soon as it is received, to the 1st respondent along with all the documents within a period of three days from the date of its receipt. There shall be a further direction to the 1st respondent to examine the said applications along with relevant documents after obtaining a report from the 3rd respondent and to take a decision on it in accordance with the provisions contained in Section 9(3) of the Act, 1994 and Rule 7(3) of the Rules, 2014, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of the
judgment.
Sd/- P.V.ASHA JUDGE AS
APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF OTTOOR GRAMA PANCHAYATH DATED 5-11-2020 EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF CHITTATTUKARA GRAMA PANCHAYATH DATED 5-11-2020 EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION MOTHER DATED 2-11-2020 EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION BROTHER DATED 2-11-2020 EXHIBIT P5 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 3-12-2020 EXHIBIT P6 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE DONOR DATED 3-12-2020 EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE BROTHER OF THE DONOR DATED 3-12-2020 EXHIBIT P8 THE TRUE COPY OF FORM II APPLICATION EXHIBIT P9 THE TRUE COPY OF FORM 3 APPLICATION