Kerala High Court
Abdul Gafoor K.K vs The State Of Kerala on 3 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(C) NO. 16179 OF 2024
PETITIONERS:
1 ABDUL GAFOOR K.K
AGED 48 YEARS
S/O. KUNHABDULLA HAJI, KELAPPANKANDI HOUSE,
KOTTAPPALLI, KOZHIKODE,, PIN - 673542
2 ARUN SINGH
AGED 32 YEARS
C/O. RAJAN, POLIYEDATH HOUSE, PUTHENPEEDIKA,
VADAKKUMMURI, ANTHICAD, THRISSUR,, PIN - 680642
BY ADVS.AMALENDU N.S.
BASIL MECHERY
NIMISHA GEORGE
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
RENAL TRANSPLANTATION
REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O.,
ERNAKULAM., PIN - 683104
3 THE LOCAL LEVEL COMMITTEE FOR RENAL
TRANSPLANTATION,REPRESENTED BY ITS
CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL,
MG ROAD, PALLIMUKU, ERNAKULAM., PIN - 682016
WP(C) No.16179/2024
-:2:-
4 DEPUTY SUPERINTENDENT OF POLICE
IRINJALAKUDA SUB DIVISION (UNDER THE ADDL.
SUPERINTENDENT OF POLICE),
THRISSUR DISTRICT., PIN - 695141
OTHER PRESENT:
SRI.R.S.KALAKURA, SRI.E.G.GORDEN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16179/2024
-:3:-
J U D G M E N T
The present writ petition has been filed for a direction to the 3rd respondent to accept and forward Ext.P2 to the 2nd respondent.
2. The 1st petitioner is a Stage V Chronic Kidney Disease patient waiting for kidney transplantation. The 2nd petitioner who is a close family friend of the 1st petitioner has voluntarily consented to give his kidney to the 1 st petitioner. According to the petitioners, they have prepared Ext.P2 joint application in Form No.11 supported by all relevant documents for submission before the 3rd respondent as prescribed in the Transplantation of Human Organs and Tissues Rules, 2014. But, the 3 rd respondent is refusing to accept and forward their joint application to the 2 nd respondent - District Level Authorization Committee (DLAC) on the ground of non production of Police Clearance Certificate ('PCC') from the 4th respondent. It is in these circumstances, the petitioners have approached this Court.
3. Heard Adv.Amalendun.S, the learned counsel for the WP(C) No.16179/2024 -:4:- petitioner, Adv.R.S. Kalkura, the learned standing counsel appearing for the 3rd respondent and Adv.E.G.Gorden, the learned Senior Government Pleader for the respondents.
4. The counsel submitted that the health condition of the 1st petitioner is deteriorating day by day and it became urgent to conduct Renal Transplantation at the earliest to save his life. The learned counsel for petitioners relied on the dictums laid down in Shoukath Ali Pullikuzhiyil & Another v. District Level Authorization Committee and Others [2017 (3) KHC 259] and Soubiya v. District Level Authorization Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC 293].
5. In Shoukath Ali (supra), it was held that verification through police as a routine manner in all cases should generally be avoided and if Authorization Committee doubts genuineness of claims or bona fides of persons or genuineness and bona fides of the documents produced, verification through police can be ordered. In Soubiya (supra), it was held that the question whether police clearance certificate is necessary or not should be left to DLAC.
In the light of the dictum laid down in the above decisions, WP(C) No.16179/2024 -:5:- this writ petition is ordered in the following manner:
(a) The 3rd respondent - The Local Level Committee for Renal Transplantation of the Hospital concerned will forward the applications of the petitioners along with all necessary documents, except 'Certificate of Altruism', to the 2 nd respondent-
DLAC. It shall be done within a period of one week from the date of receipt of a copy of this judgment.
(b) On the applications reaching the 2 nd respondent - DLAC, its competent authority will notify the petitioners and inform them whether they have to obtain a 'Certificate of Altruism" from the concerned Police Authority.
(c) If the DLAC finds that no such certificate is required in this case, they will complete the processes, leading to necessary permissions to be granted to the petitioners, 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 petitioners, they will intimate them of such within a period of two weeks from the date on which they receive applications from the 3rd respondent; upon which, the petitioners will be required to WP(C) No.16179/2024 -:6:- 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 petitioners' request, within a period of one month from the date on which such Certificate is produced.
(f) If the 2nd respondent calls upon the petitioners to obtain a 'Certificate of Altruism', the 4th respondent-Deputy Superintendent of Police, or such other competent authority will act upon the applications for such to be made before them; and will issue necessary certificates 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.
Writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE Rp WP(C) No.16179/2024 -:7:- APPENDIX OF WP(C) 16179/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 12.10.2023 ISSUED TO THE 1ST PETITIONER BY DR. MOHAMMED IQUBAL. P.H., CONSULTANT NEPHROLOGIST, (REG.NO:20782) OF MEDICAL TRUST HOSPITAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED 08.04.2024 IN FORM NO. 11 OF TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014.
Exhibit P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND PETITIONER BEFORE THE NOTARY PUBLIC ON 08.04.2024 BY GIVING HER CONSENT TO DONATE HIS KIDNEY TO THE 1ST PETITIONER. Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 18.01.2024 SWORN BY THE 1ST AND 2ND PETITIONER BEFORE THE NOTARY PUBLIC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 13.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN `SOUBIYA V. DISTRICT LEVEL AUTHORISATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM (2023 (6) KHC 293)' ALONG WITH ITS CONNECTED CASE.