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Aboobacker Shahul Hameed v. the District Level Authorization Committee for Transplantation of Human Organs

Kerala HC18 Jan 2021WP(C)/1094/2021

Case brief

AI extract

What is this about?

Court directed Hospital Convener to forward kidney donor applications to the District Level Authorization Committee and ordered the Committee to examine the case within one month under the Transplantation of Human Organs Act.

What did the court decide?

Direction to hospital to forward applications to Committee within 3 days; Committee to decide within one month.

Aboobacker Shahul Hameed Vs the District Level… — Service and Employment | Kerala HC (2021)

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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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MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

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WP(C).NO.1094 OF 2021(J)

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PETITIONERS:

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1 ABOOBACKER SHAHUL HAMEED

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AGED 57 YEARS

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S/O.ABOOBACKER, PANIKAVEETTIL KOTTILINGAL VEETTIL, ENGANDIYUR P.O., KUNDALIYOOR, THRISSUR DISTRICT.

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2 SHAJI K.S.,

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AGED 47 YEARS

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S/O. DEVASIA, KOLLUTHANAM SANTHI GRAMAM,

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PONKUNNAM, KOTTAYAM 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-683104, REPRESENTED BY ITS CHAIRMAN.

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2 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD., ERNAKULAM DISTRICT, PIN-682016.

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3 THE DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY, PONKUNNAM P.O., KOTTAYAM DISTRICT, PIN-686506.

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OTHER PRESENT:

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SMT.VINITHA.B, GP SMT.R.K.KALKURA, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO.1094 OF 2021(J)

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J U D G M E N T

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The 1^st petitioner is a kidney patient undergoing

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treatment in the Medical Trust Hospital, Ernakulam, for both his kidneys and he is advised to have transplantation of kidney. It is stated that since the kidneys of the close relatives of the 1st petitioner

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are not suitable for transplantation, the second petitioner has come forward to donate his kidney.

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Petitioners submitted that though they submitted Exts.P10 & P11 applications along with all documents, 2^nd respondent is not taking any action.

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Shri. R.K.Kalkura, learned counsel appearing for the second respondent on instructions submits that second respondent has not received the application or the documents. It is also submitted that as and when the applications along with all the documents are received they will forward the same to the first

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WP(C).NO.1094 OF 2021(J)

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respondent. The learned counsel for the petitioners submit that the applications would be submitted along with all documents today itself.

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The transplantation of kidney from unrelated

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donors is governed by Section 9(3) of the Transplantation of Human Organs and Tissues Act, 1994 ('the Act, 1994') and Rule 7(3) of the Transplantation of Human Organs and Tissues Rules, 2014 ('the Rules 2014'). The 1^st respondent is the authority constituted for examining the applications for transplantation of kidney in such circumstances when the donor is not related to the donee, in accordance with the provisions contained in the Act and Rules.

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Therefore the writ petition is disposed of with a direction to the 2^nd respondent to forward the applications Exts.P10 and P11 to the 1^st respondent along with all the documents within a period of three

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days from the date of its receipt from the

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WP(C).NO.1094 OF 2021(J)

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petitioners. There shall be a further direction to the first respondent to examine the said application along with relevant documents after obtaining a report from the 3^rd respondent and to take a decision on it in accordance with the provisions contained in Section 9(3) of the Act, 1994 and Rule 7(3) of the Rules, 2014, as expeditiously as possible, at any rate within a period of 'one month' from the date of receipt of a copy of the judgment.

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Sd/- P.V.ASHA, JUDGE

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WP(C).NO.1094 OF 2021(J)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE KANJIRAPPALLY MLA DATED 5.12.2020.
EXHIBIT P2	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GURUVAYOOR MLA DATED 1.12.2020.
EXHIBIT P3	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ENGANDIYUR GRAMA PANCHAYATH DATED 22.10.2020.
EXHIBIT P4	THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS WIFE DATED 14.10.2020.
EXHIBIT P5	THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE DONOR AND HIS SON DATED 14.10.2020.
EXHIBIT P6	THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 14.12.2020.
EXHIBIT P7	THE TRUE COPY OF THE CONSENT LETTER OF THE DONOR DATED 14.12.2020.
EXHIBIT P8	THE TRUE COPY OF THE CONSENT LETTER OF THE WIFE OF THE DONOR DATED 14.12.2020.
EXHIBIT P9	THE TRUE COPY OF THE CONSENT LETTER OF THE SON OF THE DONOR DATED 14.12.2020.
EXHIBIT P10	THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020.
EXHIBIT P11	THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 14.12.2020.

Aboobacker Shahul Hameed v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

What is this about?

What did the court decide?

Aboobacker Shahul Hameed v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

What is this about?

What did the court decide?

What the court decided

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