Disposed

Saritha Susan Thomas v. State of Kerala

Kerala HC18 Jun 2018WP(C)/5557/2018

Case brief

AI extract

What is this about?

Petitioner sought direction to advertise her need for a kidney donor in newspapers. Court dismissed the prayer to print advertisements as contrary to the State Government's 2018 notification. Court directed petitioner to register on Kerala Network for Organ Share instead, apportioning disposal to that process. Petition disposed accordingly.

What did the court decide?

Petitioner directed to register on Kerala Network for Organ Share instead of advertising; writ petition disposed of.

Saritha Susan Thomas Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 18TH DAY OF JUNE 2018 / 28TH JYAISHTA, 1940

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WP(C).No. 5557 of 2018

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PETITIONER(S)

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SARITHA SUSAN THOMAS AGED 47 YEARS, W/O. THOMAS. P.V PUTHEPEEDIKAYIL HOUSE, CHENGANNUR.P.O, ALAPPUZHA DISTRICT, PIN-689121

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BY ADV.SRI.M.G.SREEJITH

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RESPONDENT(S)

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM PIN-695001

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2. THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,

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PIN-695001

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3. THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, THRISSUR THRISSUR MEDICAL COLELGE,

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POST THRISSUR,PIN-680020

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4. LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION MEDICAL TRUST HOSPITAL,

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ERNAKULAM, PIN-682016, REPRESENTED BY ITS CHAIRMAN

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5. PRESS COUNCIL OF INDIA SOOCHANA BHAVAN, 8-C.G.O. COMPLEX, LODHI ROAD, NEW DELHI-110003, REPRESENTED BY ITS SECRETARY

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R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-062018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5557 of 2018 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------

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EXHIBIT P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF NEPHROLOGY, MEDICAL TRUST, HOSPITAL ERNAKULAM DATED 03.02.2018 EXHIBIT P2: TRUE COPY OF APPLICATION FIELD BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 05.02.2018

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RESPONDENT(S)' EXHIBITS : NIL -----------------------

//TRUE COPY//

PA TO JUDE

SPV

SHAJI P. CHALY, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5557 of 2018

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- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18^th day of June, 2018

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J U D G M E N T

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This writ petition is filed by the petitioner seeking the

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following reliefs:-

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“1. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner to advertise her requirement for human organ in the vernacular dailies.

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Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider and pass appropriate orders on Exhibit P2 application within a time frame fixed by this Hon'ble Court.

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Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pay from time to time.”

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According to the petitioner, petitioner is suffering

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from Kidney disease and she is undergoing treatment at Medical Trust Hospital, Ernakulam. Even though Ext.P2 application is filed seeking permission to carry out newspaper publication, seeking a donor, the same is not considered by 1^st respondent. It is thus seeking appropriate directions, this writ petition is filed.

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I have heard learned counsel for the petitioner and learned Senior Government pleader and perused the

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W.P.(C) No.5557 of 2018

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-:2:-

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pleadings and the documents on record.

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Learned counsel for the petitioner reiterated the contentions raised in the writ petition. Learned Senior Government Pleader pointed out that, in accordance with the notification issued by the State Government in respect of donors of kidney, in the year 2018, paper publication is prohibited. The donor can be secured by registering the name in the Kerala Network for Organ Share.

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Having regard to the facts and circumstances of the case , even though I am of the considered opinion that, the relief sought for by the petitioner in Ext. P2 is impermissible, since there is a notification issued by the State Government contrary to the relief sought for by the petitioner, petitioner will be at liberty to file suitable application for registration before the Kerala Network for Organs Share, and if any such application is filed, the same shall be considered in accordance with law, at the earliest possible time.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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SPV/18.06.18

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//TRUE COPY//

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PA TO JUDGE

Saritha Susan Thomas v. State of Kerala

Case brief

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Saritha Susan Thomas v. State of Kerala

Case brief

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