Allowed

Mohammed Ashraf P v. the District Lelvel Authorization Committee for Transplantation of Human Organs

Kerala HC13 Jan 2020WP(C)/243/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Local Approval Committee to forward the unrelated kidney transplantation applications to the District Level Authorization Committee within three weeks. The petitioner sought mandamus for approval, noting the downstream committee was not receiving the applications from the local committee.

What did the court decide?

The 2nd respondent directed to forward the application to the 1st respondent forthwith. The 1st respondent to take a decision within three weeks.

Mohammed Ashraf P Vs the District Lelvel… — 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WP(C).No.243 OF 2020(E)

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PETITIONERS:

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1 MOHAMMED ASHRAF P AGED 52 YEARS

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S/O. ABOOBACKER P. M., KANATHINPURAM, NEKRAJE, KASARAGOD DISTRICT.

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2 SREENIVAS T. K. AGED 48 YEARS S/O. THANKAPPAN, KEEZHUPARAMBIL HOUSE, NALPATHIMALA P. O., ATHIRAMPUZHA, KOTTAYAM DISTRICT.

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BY ADVS.

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SRI.C.M.MOHAMMED IQUABAL SMT.ANJALI G.KRISHNAN SMT.N.S.SOUMYA MOL

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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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R2 BY ADV. SRI.P.BENNY THOMAS R2 BY ADV. SRI.D.PREM KAMATH

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SMT. PRINCY XAVIER GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.243 OF 2020(E)

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JUDGMENT

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This writ petition is filed seeking the following prayer:-

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“i) issue a writ of mandamus or any other appropriate writ, 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.P8 and P9 applications within a time stipulated by this Hon'ble Court.”

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Heard the learned counsel for the petitioner and the

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learned Government Pleader appearing for the 1^st respondent.

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Though notice has been taken by special messenger and service is completed on 10.01.2020, there is no appearance of the 2^nd respondent. The learned counsel for the petitioner submits that the application preferred for unrelated kidney transplantation is not being forwarded to the 1^st respondent by the 2^nd respondent stating untenable grounds. It is submitted that it is for the 1^st respondent to take a proper decision on the application after considering all the relevant aspects of the matter.

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Having heard the learned Government Pleader also, I am of the opinion that the application is liable to be forwarded to the 1^st respondent and to take proper decision on the matter

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WP(C).No.243 OF 2020(E)

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after considering all the relevant aspects.

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In the above view of the matter, there will be a direction to the 2^nd respondent to forward the application received from petitioners to the 1^st respondent forthwith. On receipt of the application, the 1^st respondent shall make all due enquiries and take an appropriate decision on the application within three weeks from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/13.01.2020

WP(C).No.243 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 12.12.2019.

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EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF THE DONOR AND HIS FATHER DATED 28.11.2019. EXHIBIT P3 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS BROTHER DATED 28.11.2019. EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY KASARAGOD MLA DATED 7.12.2019. EXHIBIT P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM DATED 23.12.2019. EXHIBIT P6 THE TRUE COPY OF THE CONSENT LETTER ISSUED BY THE BROTHER OF THE 2ND PETITIONER DATED 4.12.2019. EXHIBIT P7 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONERS DATED 4.12.2019.

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EXHIBIT P8 THE TRUE COPY OF THE FORM 2 APPLICATION SUBMITTED BY THE PETITIONERS DATED 15.12.2019.

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EXHIBIT P9 THE TRUE COPY OF THE FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 4.12.2019.

Mohammed Ashraf P v. the District Lelvel Authorization Committee for Transplantation of Human Organs

Case brief

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Mohammed Ashraf P v. the District Lelvel Authorization Committee for Transplantation of Human Organs

Case brief

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