This single paragraph order directed the State Government to consider the petitioner's appeal for renal transplantation within one month, disposing of the writ petition accordingly.
Directed the First Respondent to consider the pending appeal within one month of the judgment date to attain finality.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 4TH DAY OF JANUARY 2018 / 14TH POUSHA, 1939
WP(C).No. 229 OF 2018
-------------------------
PETITIONER
MURALEEDHARAN V.P., S/O.DAMODARAN V.P., AGED 40, MADHUMANDIRAM, CHALA EAST P.O., KANNUR DISTRICT-670621.
BY ADVS.SRI.K.C.SANTHOSH KUMAR
SMT.K.K.CHANDRALEKHA SMT.ANUPAMA JOHNY SMT.K.S.SUDHA
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2. THE CHAIRMAN (GOVERNMENT MEDICAL COLLEGE, THRISSUR), AUTHORISATION COMMITTEE UNDER TRANSPLANTATION OF HUMAN ORGANS ACT, 1994), DIRECTORATE OF MEDICAL EDUCATION, THRISSUR-680596.
R1 & R2 BY SR.GOVERNMENT PLEADER SHRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-012018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2:
WP(C).No. 229 of 2018 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE CONSENT LETTER DATED 10.09.2016 SIGNED BY SRI. BAIJU P.B. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE CERTIFICATE DATED 13.12.2016 OF MEDICAL FITNESS OF LIVING DONOR ISSUED BY REGISTERED MEDICAL PRACTITIONER. |
| EXHIBIT P3 |
TRUE COPY OF THE REPORT DATED 20.10.2016 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR. |
| EXHIBIT P4 |
TRUE COPY OF THE CERTIFICATE DATED 25.11.2016 ISSUED BY THE PRESIDENT, RAYAMANGALAM GRAMA PANCHAYATH. |
| EXHIBIT P5 |
TRUE COPY OF THE APPLICATION DATED 07.12.2016 SUBMITTED BY THE DOCTORS AT MEDICAL TRUST HOSPITAL BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P6 |
TRUE COPY OF THE AUTHORISATION LETTER DATED 10.12.2016 GIVEN BY THE PETITIONER TO THE PRINCIPAL, AUTHORISATION COMMITTEE FOR RENAL TRANSPLANTATION. |
| EXHIBIT P7 |
TRUE COPY OF THE REJECTION ORDER DATED 28.02.2017 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P8 |
TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE MINISTER FOR HEALTH AND FAMILY WELFARE. |
| EXHIBIT P9 |
TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 19.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE POSTAL RECEIPT. |
| RESPONDENTS' ------------ |
EXHIBITS : NIL --------- |
//TRUE COPY//
vgd
PA TO JUDGE
SHAJI P. CHALY, J.
W.P.(C) No.229 of 2018
Dated this the 4th day of January, 2018
JUDGMENT
Petitioner is a chronic kidney patient and was advised to
undergo kidney transplantation. Application was submitted,
which was rejected as per Ext.P7. In accordance with the provisions of Transplantation of Human Organs and Tissues
Rules, 2014, and being aggrieved, petitioner has submitted Ext.P9 appeal before the State Government, which is pending
consideration. Petitioner seeks early consideration of Ext.P9.
learned Government Pleader and perusing the pleadings and
documents on record, there will be a direction to the first
respondent to consider Ext.P9, in accordance with law, at the
W.P.(C) No.229 of 2018
2
earliest possible time, and attain finality, at any rate, within one
month from the date of receipt of a copy of this judgment, if
required after securing sufficient participation of the petitioner
also.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/4/1/
1 issue framed by the court
Whether the State Government is directed to consider the appeal submitted by the petitioner regarding renal transplantation,
Murali Vishwanathan V.P.
State of Kerala
Chairman, Government Medical College, Trissur
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
