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Usman Cholayil v. the District Level Authorization Committee for Transplantation of Human Organs

Kerala HC8 Dec 2020WP(C)/26767/2020

Case brief

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What is this about?

The court interpreted the procedure for unrelated kidney transplantation applications. It held that police verification is not a condition precedent for forwarding the application by the local committee and directed the local committee to forward the petitioners' applications to the district authority within three weeks.

What did the court decide?

Direction to the 2nd Respondent to forward Ext.P6 and Ext.P7 applications to the 1st Respondent for consideration within a stipulated time.

Usman Cholayil Vs the District Level Authorization… — Medical Negligence | 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 MR.JUSTICE N.NAGARESH

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TUESDAY, THE 08TH DAY OF DECEMBER 2020/17TH AGRAHAYANA, 1942

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WP(C).No.26767 OF 2020(U)

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PETITIONERS:

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1 USMAN CHOLAYIL, AGED 49 YEARS, S/O. MUHAMMED CHOLAYIL, CHALAKKANDI HOUSE, KUTHIRADAM, THRIKALANGODE P.O., MALAPPURAM DISTRICT.

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2 KARNAKI, AGED 34 YEARS, W/O. PRADEEP, CHAKKANARIPARAMBIL HOUSE, OLARIKARA, PULLAZHI, THRISSUR 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, THRISSUR, GOVERNMENT MEDICAL COLLEGE, M.G.KAVU, THRISSUR, PIN-680001, REPRESENTED BY ITS CHAIRMAN.

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2 LOCAL APPROVAL COMMITTEE OF ORGAN TRANSPLANTATION, WEST FORT HI-TECH HOSPITAL, GURUVAYOOR ROAD, POOMKUNNAM, THRISSUR, PIN-680002, REPRESENTED BY ITS CHAIRMAN.

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3 THE ASSISTANT COMMISSIONER OF POLICE, THRISSUR, THRISSUR P.O., THRISSUR DISTRICT, PIN-680001.

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GOVERNMENT PLEADER SMT. K.M. RASHMI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.26767/2020

: 2 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 8^th day of December, 2020

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This writ petition is filed seeking the following prayer :-

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“Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P6 and Ext.P7 applications, within a time stipulated by this Hon'ble Court.”

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Heard the learned counsel for the petitioners and the

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learned Government Pleader appearing for respondents 1 and 3.

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It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 2^nd respondent for effecting an unrelated kidney transplantation, it has not been forwarded by the 2^nd respondent on the ground that it is not accompanied by a Certificate from the 3^rd respondent. It is submitted by the learned counsel for the petitioners that the verification by the 3^rd respondent is not a

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WP(C) No.26767/2020

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: 3 :

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condition precedent for the forwarding of the application and the 1^st respondent, who is the Authority under the enactment can call for reports of the 3^rd respondent, if required.

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Having considered the contentions advanced and

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having heard the learned counsel appearing on either side, I am of the opinion that the application preferred by the petitioners is liable to be considered by the 1^st respondent in accordance with law.

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Accordingly, there will be a direction to the 2^nd respondent to forward Ext.P6 and Ext.P7 applications to the 1^st respondent for consideration, at the earliest. The 1^st respondent shall conduct all due verifications including by reference to the 3^rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

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This writ petition is disposed of as above.

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Sd/-

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N. NAGARESH, JUDGE

aks/08.12.2020

WP(C) No.26767/2020

: 4 :

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1

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THE TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.9.2020.

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EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THRIKALANGODE GRAMA PANCHAYATH DATED 4.9.2020.

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EXHIBIT P3

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THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 28.7.2020.

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EXHIBIT P4

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THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER DATED 28.7.2020.

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EXHIBIT P5

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THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 30.9.2020.

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EXHIBIT P6	THE TRUE	COPY	OF THE	FORM 3
	APPLICATION		FOR	UNRELATED
	TRANSPLANTAT	ION	SUBMITTED	BY THE
	PETITIONERS	DATED	30.9.2020.
EXHIBIT P7	THE TRUE	COPY	OF THE	FORM II
	APPLICATION		FOR	UNRELATED
	TRANSPLANTAT	ION	SUBMITTED	BY THE
	PETITIONERS	DATED	30.9.2020.

Usman Cholayil v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

What is this about?

What did the court decide?

Usman Cholayil v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

What is this about?

What did the court decide?

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