Remanded

Riyas A.V v. the District Level Authorization Committee for Transplantation of Human Organs

Kerala HC6 Jun 2022WP(C)/15068/2022

Case brief

AI extract

What is this about?

This single-day writ order disposed of a petition by a kidney patient and an altruistic donor. The Court directed the District Level Authorization Committee to verify documents, consult the police regarding altruism if needed, and decide within three weeks.

What did the court decide?

Direction to the 1st respondent to verify documents, obtain altruism certificate if needed, and decide within three weeks.

Riyas A.V Vs the District Level… — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 V.G.ARUN

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MONDAY, THE 6^TH DAY OF JUNE 2022/16TH JYAISHTA, 1944

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WP(C) NO. 15068 OF 2022

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PETITIONERS:

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1 RIYAS A.V., AGED 36 YEARS, S/O. MOOSA A.V., RAYAROTH HOUSE, VALLIYAYI, PATHAYAKUNNU P.O., KANNUR DISTRICT – 670 691.

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2 ABDUL SHINU M., AGED 37 YEARS, S/O. MOIDEENKOYA, MUSALIYARAKATH HOUSE, KALLAI P.O., PANNIYANKARA, KOZHIKODE DISTRICT, PIN – 673 003.

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BY ADVS. C.M.MOHAMMED IQUABAL RAIHANATH T.H.

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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 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, MEDICAL TRUST HOSPITAL LTD, ERNAKULAM DISTRICT, PIN – 682 016.

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3 THE ASSISTANT COMMISSIONER OF POLICE FEROKE SUB DIVISION, PETTA, FEROKE P.O., KOZHIKODE DISTRICT, PIN – 673 633.

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BY ADV SRI.R.S.KALKURA GOVT.PLEADER SRI.RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.15068/2022

: 2 :

JUDGMENT

Dated this the 6^th day of June 2022

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The 1^st petitioner is a kidney patient, who requiring emergent organ transplantation surgery for survival. The 2^nd petitioner, who is not a relative of the 1^st petitioner, has volunteered to donate his organ. The 1^st petitioner has submitted Exts.P9 and P10 applications along with requisite documents before the 2^nd respondent. The 2^nd respondent is stated to have forwarded the application to the 1^st respondent. If so, it is for the 1^st respondent to verify the documents, conduct necessary enquiry and take a decision.

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The writ petition is hence disposed of, directing the 1^st respondent to take up the petitioners' application forwarded by the 2^nd respondent, verify the documents and, if necessary, call for certificate for altruism from the 3^rd respondent and thereafter, take a decision at the earliest

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WP(C) No.15068/2022

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: 3 :

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and at any rate, within three weeks from the date of receipt of a copy of this judgment.

Sd/-

V.G. ARUN JUDGE

ncd/06.06.2022

WP(C) No.15068/2022

: 4 :

APPENDIX OF WP(C) 15068/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE MEDICAL
	CERTIFICATE ISSUED BY THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KUNNOTHPARAMBA, KANNUR DISTRICT DATED 13.03.2022
Exhibit P2	THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS WIFE DATED 14.03.2022
Exhibit P3	THE TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS BROTHER DATED 14.03.2022
Exhibit P4	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEMBER OF PARLIAMENT (LOK SABHA), KOZHIKODE DATED 27.03.2022
Exhibit P5	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEMBER, WARD-21, KUNNOTHPARAMBA GRAMA PANCHAYAT DATED 23.04.2022
Exhibit P6	THE TRUE COPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 06.04.2022
Exhibit P7	THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 06.04.2022
Exhibit P8	THE TRUE COPY OF THE CONSENT OF THE WIFE AND BROTHER OF THE DONOR DATED 06.04.2022
Exhibit P9	THE TRUE COPY OF FORM 11 APPLICATION SUBMITTED BY THE PETITIONERS DATED 06.04.2022
Exhibit P10	THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 06.04.2022
Exhibit P11	THE TRUE COPY OF THE JUDGMENT DATED 29.03.2022 IN W.P.(C).NO. 10485/2022

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WP(C) No.15068/2022

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: 5 :

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Exhibit P12 THE TRUE COPY OF THE RECEIPT ISSUED BY PULIKKAL MEDICAL FOUNDATION DATED 23.05.2022.

Riyas A.V v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

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Riyas A.V v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

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