Disposed

Sherwin Abraham John, v. the District Level Authorization Committee

Kerala HC21 Oct 2020WP(C)/19360/2020

Case brief

AI extract

What is this about?

The petitioner, a kidney patient, approached the court directing the Local Approval Committee to forward his application for unrelated kidney transplantation. Relying on a prior order and Section 9 of the Transplantation of Human Organs Act, the court clarified that the filing was complete and no further intervention by third respondents was needed.

What did the court decide?

The writ petition is disposed of with no further orders necessary as the previous direction suffices.

Sherwin Abraham John, Vs the District Level… — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942

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WP(C).No.19360 OF 2020(T)

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PETITIONER:

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SHERWIN ABRAHAM JOHN, AGED 26 YEARS S/O.JOHN ABRAHAM, SAJOL, ELANTHOOR, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.C.M.MOHAMMED IQUABAL

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RESPONDENTS:

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1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, PIN-683 104, REPRESENTED BY ITS CHAIRMAN.

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2 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION, LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED, MARADU, NETTOOR P.O., ERNAKULAM, PIN-682 040, REPRESENTED BY ITS CHAIRMAN.

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3 THE DEPUTY SUPERINTENDENT OF POLICE, AATTINGAL, AATTINGAL P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 101.

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ADDL. RAHINA A

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R4 D/O. ABDUL FATHAH, AGED 33 YEARS, P.K.HOUSE, VETTOOR P.O., CHERUNNIYOOR, THIRUVANANTHAPURAM DISTRICT PIN – 695 312.

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ADDL.R4 IS IMPLEADED AS PER ORDER DATED 21.10.2020 IN I.A.NO.1 OF 2020.

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R2 BY ADV. SRI.P.BENNY THOMAS R2 BY ADV. SRI.D.PREM KAMATH R2 BY ADV. SRI.TOM THOMAS (KAKKUZHIYIL) R2 BY ADV. SHRI.ABEL TOM BENNY R2 BY ADV. SHRI.JYOTHISH KRISHNA R2 BY ADV. SMT.MEENAKSHY S DEV R2 BY ADV. SHRI.AHAMMAD SACHIN K. R4 BY ADV. P.ABDUL NISHAD SMT.VINITHA.B. ,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19360 OF 2020(T)

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JUDGMENT

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Dated this the 21st day of October 2020

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The writ petition was filed seeking a direction to the second respondent to forward Ext.P8 application submitted by the petitioner for approval of unrelated Kidney transplantation. The petitioner is a kidney patient undergoing treatment and transplantation was recommended. Producing the certificates which are necessary along with Ext.P8 application, it was pointed out that the second respondent was not forwarding the same for want of a certificate from the third respondent.

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As per order dated 25.09.2020, this court had directed the second respondent to forward the application

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and it was further directed that first respondent shall consider the application in accordance with Section 9 of the Transplantation of Human Organs and Tissues Act, 1994 and

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WP(C).No.19360 OF 2020(T)

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Rule 7 of 2014 Rules within a period of three weeks.

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In the light of the aforesaid direction, no further orders are necessary. The writ petition is disposed of

accordingly.

Sd/-

P.V.ASHA

JUDGE

WP(C).No.19360 OF 2020(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM COMMUNITY HEALTH CENTRE, KOLLAM DISTRICT DATED NIL.
EXHIBIT	P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER SISTER GEELI DATED 11.09.2020.
EXHIBIT	P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HER SISTER RINI DATED 11.09.2020.
EXHIBIT	P4 THE TRUE COPY OF THE CONSENT LETTER OF THE DONOR DATED 07.09.2020.
EXHIBIT	P5 THE TRUE COPY OF THE CONSENT LETTER OF THE SISTERS OF THE DONOR DATED NIL.
EXHIBIT	P6 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE AARANMULA MLA DATED 10.09.2020.
EXHIBIT	P7 THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER AND THE DONOR DATED 07.09.2020.
EXHIBIT	P8 THE TRUE COPY OF FORM III APPLICATION SUBMITTED BY THE PETITIONER AND THE DONOR DATED 07.09.2020.
EXHIBIT	P9 THE TRUE COPY OF THE JUDGMENT IN WPC NO.29750/2018 OF THIS HON'BLE COURT DATED 08.10.2018.
RESPOND	ENTS' EXHIBITS: NIL

Sherwin Abraham John, v. the District Level Authorization Committee

Case brief

What is this about?

What did the court decide?

Sherwin Abraham John, v. the District Level Authorization Committee

Case brief

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