Allowed

Prasad v. the State of Kerala

Kerala HC7 May 2024WP(C)/16726/2024

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What is this about?

The High Court of Kerala allowed a writ petition directing the Local Level Committee for Renal Transplantation to expeditiously accept and forward the petitioners' transplant application to the District Level Authorisation Committee.

What did the court decide?

Director the third respondent to accept and forward the petitioners' application with all documents to the second respondent expeditiously.

Prasad Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2024)

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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 JOHNSON JOHN

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TUESDAY, THE 7^TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946

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WP(C) NO. 16726 OF 2024

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PETITIONERS:

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1 PRASAD, AGED 46 YEARS, S/O. MOHANAN, RESIDING AT KOZHIKKANAKKAN, VALAPPAD P.O., VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680567

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2 ABDUL SUBHAN, AGED 29 YEARS, S/O. MUHAMMED MUSTAFA, JAMEELA MANZIL, JUBILEE ROAD, PERINTHALMANNA VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN – 679322.

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BY ADVS.K.V.JAYADEEP MENON, T.P.RAMESH (THENGUMPILLIL), P.KRISHNAPRIYA

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN – 695001.

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2 THE DISTRICT LEVEL AUTHORISATION COMMITTEE FOR RENAL TRANSPLANTATION, REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERY P.O., ERNAKULAM DISTRICT, PIN - 683104

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3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION, REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL REPRESENTED BY ITS MEDICAL DIRECTOR, MAHATHMA GANDHI ROAD, PALLIMUKU, ERNAKULAM DISTRICT, PIN - 682016 BY ADV R.S.KALKURA

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SRI.BINOY DAVIS, GOVERNMENT PLEADER FOR R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.16726 of 2024

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JOHNSON JOHN, J.

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----------------------------------------------W.P(C) No.16726 of 2024

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Dated this the 7^th day of May, 2024.

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JUDGMENT

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Heard.

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It is represented by the learned Standing counsel for

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the third respondent that the third respondent has no objection in receiving and forwarding the application of the petitioners to the second respondent. In that circumstance, this writ petition is allowed directing the third respondent to accept and forward the application of the petitioners with all documents to the second respondent as expeditiously as possible.

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Writ petition is allowed as above.

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Sd/- JOHNSON JOHN, JUDGE.

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amk

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W.P(C) No.16726 of 2024

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APPENDIX OF WP(C) 16726/2024

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PETITIONERS' EXHIBITS :

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Exhibit-P1

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TRUE PHOTOCOPY OF THE JOINT APPLICATION IN FORM -3 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 16.01.2024 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT HOSPITAL.

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Exhibit-P2

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TRUE PHOTOCOPY OF THE APPLICATION FOR THE APPROVAL OF TRANSPLANTATION FROM LIVING DONOR UNDER FORM 11 OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014 DATED 19.09.2023 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT HOSPITAL.

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Exhibit-P3

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TRUE PHOTOCOPY OF THE JOINT AFFIDAVIT OF THE PETITIONERS DATED 16.01.2024.

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Exhibit-P4

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TRUE PHOTOCOPY OF THE LETTER DATED 10.06.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DEMANDING THE POLICE VERIFICATION CERTIFICATE.

Prasad v. the State of Kerala

Case brief

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Prasad v. the State of Kerala

Case brief

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