Disposed

Kesilda .J v. the District Level Authorization Committee for Transplantation of Human Organs

Kerala HC14 Dec 2021WP(C)/28357/2021

Case brief

AI extract

What is this about?

Petitioners sought directions for kidney transplantation approval. The court directed submission of documents excluding the police certificate, set timelines for approval, and mandated a potential police report on altruism.

What did the court decide?

Petitioners directed to submit documents excluding police certificate within three days; 1st Respondent to pass orders within two weeks; 3rd Respondent to submit report on altruistic nature if necessa

Kesilda .J Vs the District Level Authorization Committee… — Medical Negligence | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

TUESDAY, THE 14^TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943

¶5

WP(C) NO. 28357 OF 2021

¶6

PETITIONERS:

¶7

1 KESILDA. J AGED 60 YEARS, W/O. JOSEPH XAVIER, CHIRAMEL POTHANATTU, KUMBALANGI P. O., KOCHI TALUK, ERNAKULAM DISTRICT.

¶8

2 SHIJU K.P, S/O. PUSHKARAN, AGED 38 YRS, PALODATHU NIVARTH, MAYITHARA MARKET P. O, CHERTHALA SOUTH, ALAPPUZHA DISTRICT. BY ADVS. C.M. MOHAMMED IQUABAL ANJALI G. KRISHNAN P. ABDUL NISHAD RAIHANATH T. H.

¶9

RESPONDENTS:

¶10

1 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, PIN - 683 104, REPRESENTED BY ITS CHAIRMAN. 2 THE CONVENER LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD., ERNAKULAM DISTRICT, PIN - 682 016. 3 THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, CHERTHALA P. O., ALAPPUZHA DISTRICT, PIN - 688 524. SRI. FAISAL - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

W.P(C) NO.28357 OF 2021

¶12

¶13

JUDGMENT

¶14

The petitioners approached this Court for a direction directing respondents 1 and 2 to take

¶15

immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P6 and P7 applications, within a timeframe to be fixed by this Court. There is also a direction sought to the 2^nd respondent to accept and forward Exts.P6 and P7 applications with documents, without the certificate of the 3^rd respondent to the 1^st respondent for consideration.

¶16

When this writ petition came up for consideration today, the learned counsel for the 2^nd respondent submits that, the petitioners have not so far submitted the required documents to be forwarded to the 1^st respondent.

¶17

W.P(C) NO.28357 OF 2021

¶18

¶19

The learned counsel for the petitioners

¶20

submits that, the entire documents except the certificate of the 3^rd respondent will be submitted before the 2^nd respondent within two days.

¶21

In the said circumstances, the writ petition is disposed of with a direction directing the petitioners to submit all documents other than the certificate of the 3^rd respondent before the 2^nd respondent within three days. There will be a direction to the 2^nd respondent to forward the same to the 1^st respondent and the 1^st respondent shall call for a report from the 3^rd respondent as to the altruistic nature of the donation, in case such a certificate is necessary. If a report from the 3^rd respondent is necessary and the report is called for, the 3^rd respondent shall submit such report within a period of one week. The 1^st respondent shall pass orders on Exts.P6 and P7 applications within a period of

¶22

two weeks on receipt of the documents from the 2^nd respondent.

¶23

W.P(C) NO.28357 OF 2021

¶24

¶25

The writ petition is disposed of with the above

¶26

direction. The petitioners shall produce a copy of the writ petition along with a copy of the judgment before

¶27

the 2^nd respondent for compliance.

¶28

Sd/-

¶29

MURALI PURUSHOTHAMAN

¶30

JUDGE

¶31

SPR

¶32

W.P(C) NO.28357 OF 2021

¶33

¶34

APPENDIX

¶35

PETITIONER'S EXHIBITS:-

¶36

EXHIBIT P1 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS WIFE DATED 16.09.2021. EXHIBIT P2 THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS MOTHER DATED 16.09.2021. EXHIBIT P3 THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 01.11.2021. EXHIBIT P4 THE TRUE COPY OF THE CONSENT OF THE 2ND PETITIONER DATED 01.11.2021. EXHIBIT P5 THE TRUE COPY OF THE CONSENT OF THE WIFE AND MOTHER OF THE 2ND PETITIONER DATED 01.11.2021. EXHIBIT P6 THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 01.11.2021. EXHIBIT P7 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 01.11.2021.

¶37

RESPONDENTS'S EXHIBITS: NIL.

Kesilda .J v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

What is this about?

What did the court decide?

Kesilda .J 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

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Iffco Tokio General Insurance Company Limited Vs Reji George

United India Insurance Company Limited Vs a.K.John

Muvattupuzha Rubber Marketing Vs Employees Provident Fund

The Secretary Vs Reji M.V.

Smt.Laila Sasikumar, Vs the Assistant Provident Fund Commissioner

Jameela Beevi Vs the Authorized Officer, Union Bank of India