Kerala High Court
Shidhu T.D vs The District Level Authorization ... on 21 December, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.28195 OF 2020(Y)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
WP(C).No.28195 OF 2020(Y)
PETITIONER/S:
1 SHIDHU T.D.,AGED 42 YEARS, S/O. DHARMAN,
THACHAPPULLY CHAKKATTU HOUSE, ENGANIDIYUR P.O,
CHAVAKKAD TALUK, THRISSUR DISTRICT.
2 ANTONY GODWIN WILSON, AGED 35 YEARS, S/O. WILSON,
MANAPPURATHU HOUSE, BANK QUARTERS, RAMESWARAM
COLONY, MATTANCHERRY, ERNAKULAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
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, AMRUTHA
INSTITUTE OF MEDICAL SCIENCE ( AMRUTHA HOSPITAL),
PONEKKARA, AIMS P.O, ERNAKULAM DISTRICT, PIN -
682041.)
* SUBSTITUTED AS PER ORDER DATED 21.12.2020 IN
I.A.NO.1 OF 2020 AS:
CONVENOR,LOCAL COMMITTEE OF ORGAN TRANSPLANTATION,
MEDICAL TRUST HOSPITAL, ERNAKULAM, PIN: 682 016
3 THE ASSISTANT COMMISSIONER OF POLICE
MATTANCHERRY, MATTANCHERRY P.O, ERNAKULAM DISTRICT,
PIN - 682002.
OTHER PRESENT:
SMT.PRINCY XAVIER ,GP,SRI.R.S.KALKURA FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28195 OF 2020(Y)
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JUDGMENT
Dated this the 21st day of December 2020 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 1 st petitioner are not suitable for transplantation, the second petitioner has come forward to donate his kidney.
2. Petitioners submitted that though they submitted Exts.P9 and P10 applications along with all documents before the 2nd respondent, the same is not forwarded.
3. The learned Counsel for the 2nd respondent submitted that the application along with documents have to be received from the petitioners and it can be forwarded on receipt of the report from the 3rd respondent. Learned counsel for the petitioners submits that all the documents would be produced.
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 WP(C).No.28195 OF 2020(Y) 3 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.P9 and P10, 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. There shall be a further direction to the 1st respondent to examine the said application 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
rkc JUDGE
WP(C).No.28195 OF 2020(Y)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LETTER SUBMITTED
BEFORE THE 1ST RESPONDENT DATED 28.11.2020. EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY HIBI EDEN, MEMBER OF PARLIAMENT, ERNAKULAM DISTRICT 2.11.2020.
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT, ENGANDIYOOR GRAMA PANCHAYATH DATED 5.11.2020.
EXHIBIT P4 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE AND 30.11.2020.
EXHIBIT P5 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SISTER DATED 30.11.2020.
EXHIBIT P6 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 14.12.2020.
EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF THE DONOR DATED 14.12.2020.
EXHIBIT P8 THE TRUE COPY OF THE CONSENT LETTER OF THE SISTER OF THE DONOR DATED 14.12.2020.
EXHIBIT P9 THE TRUE COPY OF FORM II APPLICATION
SUBMITTED BY THE PETITIONER DATED
28.11.2020.
EXHIBIT P10 THE TRUE COPY OF FORM 3 APPLICATION
SUBMITTED BY THE PETITIONERS DATED
28.11.2020.