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Noushad M. v. the District Level Authorization Committee for Transplantation of Human Organs

Kerala HC10 Jan 2022WP(C)/82/2022

Case brief

AI extract

What is this about?

This order in W.P.(C) No.82 of 2022 directed the Local Committee to forward kidney transplant applications to the Authorization Committee immediately, advising that police verification is not a precondition for forwarding.

What did the court decide?

Direction to the 2nd respondent to forward applications and to the 1st respondent to consider them within three weeks.

Noushad M. Vs the District Level Authorization… — Public Procurement and Tenders | 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 WP(C) NO. 82 OF 2022

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PETITIONERS:

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1 NOUSHAD M. AGED 39 YEARS S/O.ABDURAHIMAN, RASHEEDA MANZIL, KAVUMPADI, THILLENKERI, KANNUR DISTRICT, PIN - 670 702.

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2 MINI BABU

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AGED 48 YEARS

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W/O.BABU, THEKKEPATTU, PAMBRA, PULICKAMALY P.O., MANEED, MULANTHURUTHY, ERNAKULAM DISTRICT, PIN - 682 314.

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BY ADV. 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 - 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 DEPUTY SUPERINTENDENT OF POLICE AIKARANAD SOUTH, ERNAKULAM DISTRICT, PIN - 682 308.

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BY ADV R.S.KALKURA FOR R2

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SM.PARVATHY KOTTOL, GOVERNMENT PLEADER

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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:

W.P.(C) No.82/2022

: 2 :

N. NAGARESH, J.

W.P.(C) No.82 of 2022

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Dated this the 10^th day of January, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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This writ petition is filed seeking the following

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reliefs :-

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“ (a) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P8 and P9 applications, within a time stipulated by this Hon'ble Court.

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(b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to accept and forward Exts.P8 and P9 applications with documents, without the certificate of the 3^rd respondent to the 1^st respondent for consideration.

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(c) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 3^rd respondent to forward the report regarding altruism of petitioners, in the event of request from the 1^st respondent.”

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W.P.(C) No.82/2022

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: 3 :

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Heard the learned counsel for the petitioners, the

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learned counsel for the 2^nd respondent and the learned Government Pleader appearing for respondents 1 and 3.

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It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 2^nd respondent for effecting an unrelated kidney transplant, it has not been forwarded by the 2^nd respondent on the ground that it is not accompanied by a Certificate from the 3^rd respondent. It is submitted by the learned counsel for the petitioners that the verification by the 3^rd respondent is not a condition precedent for forwarding of the application and the 1^st respondent, who is the Authority under the enactment, can call for reports from the 3^rd respondent, if required.

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Having considered the contentions advanced and having heard the learned counsel appearing on either side, I am of the opinion that the application preferred by the petitioners is liable to be considered expeditiously by the 1^st respondent in accordance with law.

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W.P.(C) No.82/2022

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: 4 :

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Accordingly, there will be a direction to the 2^nd respondent to forward Exts.P8 and P9 applications to the 1^st respondent for consideration, at the earliest. The 1^st respondent shall conduct all due verifications including by reference to the 3^rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

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Writ petition is disposed of as above.

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N. NAGARESH, JUDGE

Sd/-

aks/10.01.2022

W.P.(C) No.82/2022

: 5 :

APPENDIX OF WP(C) 82/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	THE TRUE COP ISSUED BY THE THILLENKERI DAT	Y O FAM ED 2	F THE CERTIFICATE ILY HEALTH CENTRE, 5/11/2021.
Exhibit P2	THE TRUE COPY CERTIFICATE OF HER HUSBAND DAT	OF THE ED 1	THE IDENTIFICATION 2ND PETITIONER AND 9/11/2021.
Exhibit P3	THE TRUE COPY CERTIFICATE OF HER SON DATED 1	OF THE 9/11	THE IDENTIFICATION 2ND PETITIONER AND /2021.
Exhibit P4	THE TRUE COPY OF THE PETITION	OF ERS	THE JOINT AFFIDAVIT DATED 22/11/2021.
Exhibit P5	THE TRUE COPY HUSBAND AND SON DATED 22/11/202	OF OF 1.	THE CONSENT OF THE THE 2ND PETITIONER
Exhibit P6	THE TRUE COP ISSUED BY THE GRAMA PANCHAYAT	Y O PR H DA	F THE CERTIFICATE ESIDENT OF MANEED TED 2/12/2021.
Exhibit P7	THE TRUE COP	Y O	F THE CERTIFICATE
	ISSUED BY TH	E	VICE PRESIDENT OF
	THILLANKERI GR 27/11/2021.	AMA	PANCHAYATH DATED
Exhibit P8	THE TRUE COPY SUBMITTED BY 22/11/2021.	OF THE	FORM 11 APPLICATION PETITIONERS DATED
Exhibit P9	THE TRUE COPY SUBMITTED BY 22/11/2021.	OF THE	FORM 3 APPLICATION PETITIONERS DATED

Noushad M. v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

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Noushad M. v. the District Level Authorization Committee for Transplantation of Human Organs

Case brief

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