Meenakshi T.S vs The State Of Kerala on 7 March, 2024

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Kerala High Court

Meenakshi T.S vs The State Of Kerala on 7 March, 2024

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
                          WP(C) NO. 9241 OF 2024
PETITIONERS:

     1        MEENAKSHI T.S.
              AGED 23 YEARS
              D/O. SURESH T.C, THOTTUKANDATHIL HOUSE, CHERAI,
              ERNAKULAM., PIN - 683514
     2        PRASANTH.
              AGED 37 YEARS
              S/O. CHARLI, PANANKATTUPARAMBIL HOUSE, CHELLANAM,
              PANDIKUDY, KATTIPARAMBU, KANNAMALI, ERNAKULAM., PIN -
              682008
              BY ADVS.
              AMALENDU N.S.
              JINSON OUSEPH
              CHITRA VIJAYAN
              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 REPRESENTED BY ITS MEDICAL DIRECTOR, MG
              ROAD, PALLIMUKU, ERNAKULAM., PIN - 682016
     4        ASSISTANT COMMISSIONER OF POLICE
              MATTANCHERY POLICE SUB DIVISION (UNDER THE COMMISSIONER
              OF POLICE KOCHI CITY), MATTANCHERRY, ERNAKULAM DISTRICT.,
              PIN - 682002
    WP(C) NO. 9241 OF 2024
                                 2

           SMT. VIDYA KURIAKOSE, GP R1, R2, R4
           SRI.R.S.KALKURA R3


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9241 OF 2024
                                  3

                            JUDGMENT

When this matter was called today, the learned Government Pleader - Smt.Vidya Kuriakose and the learned counsel for the petitioners - Sri.N.S.Amalendu, were ad idem that the issues involved in this case have already been answered by this Court in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC 293]. They prayed that, therefore, this writ petition also be ordered in terms of the directions issued therein.

2. Sri.R.S.Kalkura - learned standing counsel appearing for the third respondent, however, submitted that the petitioners have not produced any document yet and therefore, that they may be directed to do so.

In the afore circumstances, I allow this writ petition with the following directions:

WP(C) NO. 9241 OF 2024 4

(a) The petitioners will produce all relevant documents before the third respondent, except the Certificate of Altruism, within a period of two weeks from the date of receipt of a copy of this judgment.

b) The third respondent - Local Level Committee for Renal Transplantation of the Hospital concerned, will thereupon forward the application of the petitioners, along with all necessary documents, except 'Certificate of Altruism', to the second respondent - District Level Authorization Committee for Renal Transplantation (DLAC); and this shall be done within a period of one week from the date of receipt of a copy of this judgment.

c) On the afore application reaching the second respondent - DLAC, its competent Authority will notify the petitioners and inform them WP(C) NO. 9241 OF 2024 5 whether they have to obtain a 'Certificate of Altruism' from the concerned Police Authority.

d) If the DLAC is to find 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.

e) 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 application from the third respondent; upon which, the petitioners will be required to obtain the same and produce it before the said Authority, as per law.

f) On the afore being done, the DLAC will take a final decision on the petitioners' WP(C) NO. 9241 OF 2024 6 request, within a period of one month from the date on which such Certificate is produced.

g) Needless to say, if the second respondent calls upon the petitioners to obtain a 'Certificate of Altruism', the 4th respondent -

Assistant Commissioner of Police, or such other competent Authority, will act upon the application for such to be made before them; and will issue necessary certificate 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.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 9241 OF 2024 7 APPENDIX OF WP(C) 9241/2024 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28.02.2024 ISSUED TO THE 1ST PETITIONER BY DR.MAMMEN M.JOHN, CONSULTANT NEPHROLOGIST, (REG.NO:20136) OF MEDICAL TRUST HOSPITAL, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED 23.02.2024 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 23.02.2024 BY GIVING HER CONSENT TO DONATE HER 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 22.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

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