Kerala High Court
Thampi S vs The District Level Authorization ... on 22 February, 2021
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.4426 OF 2021(C)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
WP(C).No.4426 OF 2021(C)
PETITIONER/S:
1 THAMPI S.
AGED 46 YEARS
S/O. SASIDHARAN, KRISHNA BHAVAN, MAYYANAD,
THATTAMAL P.O., KOOTTIKKADA, KOLLAM DISTRICT.
2 ANILKUMAR,
AGED 50 YEARS
S/O. MANOHARAN, VAZHAKIDANGATH(H), KIRALUR, MUNDUR
P.O., THRISSUR DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR
TRANSPLANTATION OF HUMAND ORGANS,
ERNAKULAM, ERNAKULAM MEDICAL TRUST HOSPITAL,
KALAMASSERY, PIN-683104, 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-682041.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
KUNNAMKULAM, KUNNAMKULAM P.O., THRISSUR DISTRICT,
PIN-680503.
R2 BY ADV. SRI.K.SRIKUMAR (SR.)
R2 BY ADV. SRI.K.MANOJ CHANDRAN
OTHER PRESENT:
SMT.VINITHA.B, GP,SRI.R.S.KALKURA,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4426 OF 2021(C)
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JUDGMENT
Dated this the 22nd day of February 2021 The 1st petitioner is undergoing the treatment for chronic liver disease in Amrutha Institute of Medical Science and he is advised to have liver transplantation at the earliest point of time. It is stated that since the liver of the close relatives of the 1st petitioner is not suitable for transplantation, the 2nd petitioner has come forward to donate his liver.
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. 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 liver 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 liver 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 WP(C).No.4426 OF 2021(C) 3 direction to the 2nd respondent to forward the applications Exts.P8 and P9, as soon as it is received, to the 1 st respondent along with all the documents within a period of three days from the date of its receipt. As it is stated that liver transplantation is required emergently, 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 two weeks from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.4426 OF 2021(C)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE PETITIONERS DATED
13.1.2021.
EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HIS SON DATED 2.2.2021.
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY ALATHUR M.P., RAMYA HARIDAS DATED 8.2.2021. EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY IRAVIPURAM MLA, M.NOUSHAD DATED 10.2.2021. EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER AND HIS SON DATED 18.2.2021.
EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 18.2.2021.
EXHIBIT P7 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER AND HIS SON DATED 18.2.2021.
EXHIBIT P8 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 18.2.2021.
EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 18.2.2021.