Disposed

Sajeev P.D. v. the District Level Authorization Committee for Transplantation of Human Organ

Kerala HC10 Jan 2022WP(C)/309/2022

Case brief

AI extract

What is this about?

Petitioners seeking unrelated kidney transplant at Medical Trust Hospital. The second respondent withheld the application due to lack of police verification. Upon receipt of the certificate by the second respondent, the court directed it to forward the application to the first respondent.

What did the court decide?

Directed the 2nd respondent to forward the application and documents to the 1st respondent within three days, ensuring a decision within three more weeks.

Sajeev P.D. Vs the District Level Authorization… — Writ and Judicial Review | 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 N.NAGARESH

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MONDAY, THE 10^TH DAY OF JANUARY 2022/20TH POUSHA, 1943

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WP(C) NO. 309 OF 2022

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PETITIONERS:

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1 SAJEEV P.D., AGED 54 YEARS, S/O.DAMODHARAN, PERINGAYIL HOUSE, MANALUR, THRISSUR, PIN – 680 617.

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2 BINCY B., D/O. BENCHAMIN, AGED 28 YEARS, KEEPALLIL THARAYIL HOUSE, SOUTH MONKUZHY, BHARANIKAVU, PULLIKANAKKU P.O., ALAPPUZHA, PIN – 690 537.

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BY ADVS.

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C.M.MOHAMMED IQUABAL P.ABDUL NISHAD

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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, REPRESENTED BY ITS CHAIRMAN ERNAKULAM, PIN – 683 104.

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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 DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, CHENGANNUR P.O., ALAPPUZHA, PIN – 689 122.

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BY ADV.SRI.R.S.KALKURA FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.309/2022

JUDGMENT

Dated this the 10^th day of January, 2022

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The 1^st petitioner, who is undergoing treatment for kidney problem at Medical Trust Hospital, Ernakulam, has approached this Court seeking to direct respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P10 and P11 applications, within a time stipulated by this Court.

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The learned counsel for the petitioners submitted

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that it is the 2^nd respondent who is withholding applications submitted by the petitioners without forwarding it to the 1^st respondent on the ground that Police Verification Certificate is required. The Police Verification Certificate can be obtained by the 1^st respondent while considering the issue and for that reason, the 2^nd respondent need not withhold the application submitted by the petitioners, contended the

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learned counsel for the petitioners.

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When this writ petition came up for hearing

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today, the learned counsel for the 2^nd respondent submitted that they have received Police Clearance Certificate in this case. In view of the above, this Court is of the view that the 2^nd respondent is bound to forward the application to the 1^st respondent for final disposal in the matter expeditiously.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to forward the application submitted by the petitioners along with Police Verification Certificate and all other relevant documents to the 1^st respondent within a period of three days. The 1^st respondent shall take a decision on the application/s within a further period of three weeks.

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Sd/- N. NAGARESH JUDGE

ncd/10.01.2022

APPENDIX OF WP(C) 309/2022

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PETITIONER'S EXHIBITS

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Exhibit1	THE TRUE COP	Y O	F THE CERTIFICATE
	ISSUED BY CENTRE, PERINJ	THE ANAM	COMMUNITY HEALTH DATED 8.11.2021
Exhibit2	THE TRUE COPY CERTIFICATE OF HER HUSBAND DA	OF THE TED	THE IDENTIFICATION 2ND PETITIONER AND 22.10.2021
Exhibit3	THE TRUE COPY CERTIFICATE OF HER MOTHER DAT	OF THE ED 2	THE IDENTIFICATION 2ND PETITIONER AND 2.10.2021
Exhibit4	THE TRUE COPY OF THE PETITIO	OF T NERS	HE JOINT AFFIDAVIT DATED 15.11.2021
Exhibit5	THE TRUE COPY DONOR DATED 15	OF .11.	THE CONSENT OF THE 2021
Exhibit6	THE TRUE COPY HUSBAND OF THE	OF DON	THE CONSENT OF THE OR DATED 15.11.2021
Exhibit7	THE TRUE COPY MOTHER OF THE	OF DONO	THE CONSENT OF THE R DATED 15.11.2021
Exhibit8	THE TRUE COP ISSUED BY THE GRAMA PANCHAYA	Y O PR TH D	F THE CERTIFICATE ESIDENT OF MANALUR ATED 27.10.2021
Exhibit9	THE TRUE COP ISSUED BY	Y O THE	F THE CERTIFICATE PRESIDENT OF
	BHARANIKAVU G 27.10.2021	RAMA	PANCHAYATH DATED
Exhibit10	THE TRUE COPY SUBMITTED BY 3.1.2022	OF F THE	ORM 11 APPLICATION PETITIONERS DATED
Exhibit11	THE TRUE COPY	OF	FORM 3 APPLICATION
	SUBMITTED BY 3.1.2022	THE	PETITIONERS DATED

Sajeev P.D. v. the District Level Authorization Committee for Transplantation of Human Organ

Case brief

What is this about?

What did the court decide?

Sajeev P.D. v. the District Level Authorization Committee for Transplantation of Human Organ

Case brief

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