Disposed

Shiyas v. the State of Kerala

Kerala HC13 Jan 2022WP(C)/398/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the non-acceptance of organ transplantation applications. The court directed the 2nd respondent (District Level Committee) to consider the applications forwarded by the 3rd respondent within three weeks.

What did the court decide?

Directed the 2nd respondent to consider and pass appropriate orders on the petitioner's applications received from the 3rd respondent within three weeks.

Shiyas Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

THURSDAY, THE 13^TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943

¶5

WP(C) NO. 398 OF 2022

¶6

PETITIONER:

¶7

SHIYAS, AGED 40 YEARS, S/O.BASHEER, SHIBINA MANZIL, KALLUKUZHI, UMAYANALLOOR P.O., THAZHUTHALA, KOLLAM DISTRICT, PIN - 691 589.

¶8

BY ADVS. K.V.JAYADEEP MENON T.P.RAMESH (THENGUMPILLIL) P.KRISHNAPRIYA JINS.P.JOHN AKSHAY SHAJI T.S

¶9

RESPONDENTS:

¶10

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶11

2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, NORTH ZONE, REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE, MEDICAL COLLEGE JUNCTION, 17, MAVOOR RD., KOZHIKODE, PIN - 673 008. 3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, ASTER MIMS HOSPITAL, MINI BYPASS ROAD, GOVINDAPURAM, KOZHIKODE DISTRICT, PIN - 673 016. BY ADVS. R3 BY SRI.M.V.AMARESAN R3 BY SRI.S.S.ARAVIND SRI.SHAMEER P.M., GOVERNMENT PLEADER

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.398/2022

JUDGMENT

Dated this the 13^th day of January, 2022

¶17

The petitioner challenges the non-acceptance of the joint applications of the petitioner for organ transplantation due to the inaction of the 3^rd respondent.

¶18

The learned counsel for the petitioner submits that though the petitioner has submitted Exts.P1 and P2 applications for organ transplantation, the 3^rd respondent-Local Level Committee is not forwarding the documents to the 2^nd respondent-District Level Authorisation Committee. The petitioner, therefore, seeks to direct the 3^rd respondent to accept Ext.P1 joint application without insisting for police clearance certificate.

¶19

When this writ petition came up for hearing today, the learned counsel representing the 3^rd respondent submitted

¶20

¶21

¶22

that the 3^rd respondent had received the applications submitted by the petitioner and has forwarded those applications to the 2^nd respondent on 22.12.2021.

¶23

In view of the submissions made by the learned counsel for the 3^rd respondent, the writ petition can be disposed of directing the 2^nd respondent to take a decision on the applications, if received from the 3^rd respondent within a time frame.

¶24

Accordingly, the writ petition is disposed of directing

¶25

that if the 2^nd respondent has received the applications of the petitioner forwarded by the 3^rd respondent, the 2^nd respondent shall consider and pass appropriate orders thereon, within a period of three weeks.

¶26

Sd/- N. NAGARESH JUDGE

APPENDIX OF WP(C) 398/2022

¶31

PETITIONER'S EXHIBITS:

¶32

Exhibit P1	A TRUE PHOTOCOPY OF THE JOINT
	APPLICATION IN FORM 3 OF THE
	TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED NIL.
Exhibit P2	A TRUE PHOTOCOPY OF THE APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM
	LIVING DONOR UNDER FORM II OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED NIL SUBMITTED
	BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P3	A TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 15/12/2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P4	A TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 15/12/2021 SUBMITTED BY THE RECIPIENT TO THE 3RD RESPONDENT.
Exhibit P5	A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 23/12/2021 ISSUED BY THE MEMBER
	OF LEGISLATIVE ASSEMBLY, ERAVIPURAM CONSTITUENCY.
Exhibit P6	A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 15/12/2021 ISSUED BY THE
	PRESIDENT, KEEZHUPARAMBA GRAMA PANCHAYATH.

Shiyas v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shiyas v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tinu Augustine Vs State of Kerala

Rs Development and Constructions (I) Private Limited, Vs State of Kerala

Anjali Elias, Vs State of Kerala

Kilma I.K., Vs Dr.v.P.Joy

Thomson Lawrence Vs Kerala State Financial Enterprises Limited (Ksfe)

M/S. P.K. Construction Company Vs the Authorized Officer