Kerala High Court
Soubiya vs The District Level Authorization ... on 21 September, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.30365/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 21st day of September 2023 / 30th Bhadra, 1945
WP(C) NO. 30365 OF 2023 (U)
PETITIONERS:
1. SOUBIYA, AGED 34 YEARS, W/O. SAFEER, KALATHIL HOUSE, PUTHUKULANGARA,
TANALUR P.O., MALAPPURAM DISTRICT, PIN - 676307
2. ANIL C.V., AGED 32 YEARS, S/O. AYYAPPAN, KARENGAPARAMBIL HOUSE,
ATHIPATTA, EDAYOOR, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676552
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 - 682016
3. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, DY.S.P. OFFICE,
THRIKANDIYUR P.O., MALAPPURAM DISTRICT, PIN - 676104
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order or direction directing the respondents 1 and 2 to
take immediate and effective steps to issue approval for unrelated kidney
transplantation as per Ext. P9 and P10 applications, pending disposal of
this Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.C.M.MOHAMMED IQUABAL Advocates for the petitioners and of Sri.Sunil
Kumar Kuriakose,Senior GOVERNMENT PLEADER , the Court passed the
following:
WP(C) No.30365/2023 2/4
DEVAN RAMACHANDRAN, J.
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WP(C) Nos.30984 & 30365 of 2023
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Dated this the 21st day of September, 2023
O R D E R
The petitioners in these two cases say that they are facing a practical impediment in accepting Kidney donation, so as to sustain their lives because the hospital, where they are now proposing to conduct the surgeries, insists that they should produce a 'Police Verification Report' so as to be then placed before the statutory District Level Authorization Committee (DLAC).
2. Sri.C.M.Mohammed Iquabal, vehemently argues that such verification report is unnecessary because, with the admit of the 2014 Rules, the earlier requirement of such report with respect to the donee, to the effect that he WP(C) No.30365/2023 3/4 WP(C) Nos.30984 & 30365 of 2023 2 is involved in a criminal antecedent has been deleted.
3. Sri.Sunil Kumar Kuriakose - learned Government Pleader, submitted that he will have to obtain instructions from the 'DLAC' in this regard.
I, therefore, adjourn these matters to be called on 26.09.2023. I make it clear that I am posting this matters near adverting to the urgency projected by the petitioners.
Sd/-
DEVAN RAMACHANDRAN, JUDGE SAS 21-09-2023 /True Copy/ Assistant Registrar WP(C) No.30365/2023 4/4 APPENDIX OF WP(C) 30365/2023 Exhibit P9 THE TRUE COPY OF THE FORM 3 APPLICATION OF THE PETITIONERS DATED 13.09.2023 Exhibit P10 THE TRUE COPY OF THE FORM 11 APPLICATION OF THE PETITIONERS DATED 26.05.2023 21-09-2023 /True Copy/ Assistant Registrar