Writ petition concerning refusal of authorities under the Transplantation of Human Organs Act to accept a third party kidney donation for an ailing petitioner. Counsel submitted the issue had become infructuous; the court closed the petition as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
WP(C) NO. 180 OF 2018
PETITIONERS:
1AMINA P.K
AGED 37 YEARS
W/O. MARAKKAR, AGED 43 YEARS,PARAKKULANGARA HOUSE,
PATHAPPERIYAM, EDAVANNA,MALAPPURAM DISTRICT.
2 SAJILA BIJUAGED 37 YEARS
W/O. BIJU, AGED 37 YEARS,PUTHUPARAMBU VEETTIL,
KUMARAKAM POST,KOTTAYAM DISTRICT.
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL
SMT.A.P.RUFAIJA
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HEALTH
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARYDEPARTMENT OF HEALTH, GOVERNEMNT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS THRISSUR, REPRESENTED BY ITS CHAIRMAN, POST THRISSUR - 680 001.BY ADV:
SRI. BIMAL. K. NATH, Sr. G. P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 180 OF 2018 -2-
JUDGMENT
The above writ petition pertains to an order passed under the provisions of Transplantation of Human Organs Act, 1994 wherein the authorities have refused to accept the offer from a third party donor offering herself to donate a kidney for the ailing first petitioner.
When the matter is taken up for consideration today, the counsel for the petitioners submits that the issue raised in the writ petition has become infructuous. Accordingly, the writ petition is closed as infructuous however leaving open the question raised in the writ petition to be decided at an appropriate stage.
Sd/-
EASWARAN S.
JUDGE
vv
WP(C) NO. 180 OF 2018 -3-
APPENDIX OF WP(C) 180/2018
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE CERTIFICATE
ISSUED BY THE DEPUTY SUPERINTENDENT OF
POLICE, KOTTAYAM DATED 27.9.2016.
EXHIBIT P2THE TRUE COPY OF THE CERTIFICATE
ISSUED BY THE PRESIDENT OF EDAVANNA
GRAMA PANCHAYATH DATED 06.1.2017.
EXHIBIT P3THE TRUE COPY OF THE JOINT APPLICATION
SUBMITTED BY THE PETITIONERS DATED
26.8.2016.
EXHIBIT P4THE TRUE COPY OF THE IDENTIFICATION
CERTIFICATE OF THE DONOR AND HER
HUSBAND DATED 15.7.2016.
EXHIBIT P5THE TRUE COPY OF THE AFFIDAVIT OF THE
2ND PETITIONER DATED 26.8.2016.
EXHIBIT P6THE TRUE COPY OF THE CERTIFICATE OF
THE MEDICAL FITNESS OF THE PETITIONERS
DATED 13.12.2016.
EXHIBIT P7THE TRUE COYP OF THE CERTIFICATE
ISSUED BY MEDICAL TRUST HOSPITAL DATED
22.12.2016.
EXHIBIT P8THE TRUE COPY OF THE REQUEST SENT BY
THE MEDICAL TRUST HOSPITAL, ERNAKULAM
TOTHE3RDRESPONDENTDATED
15.12.2016.
EXHIBIT P9THE TRUE COPY OF THE ORDER ISSUED BY
THE 3RD RESPONDENT DAETD 24.3.2017.
EXHIBIT P10THE TRUE COPY OF THE APPEAL FILED BY
THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT DATED 28.3.2017.
WP(C) NO. 180 OF 2018 -4-
EXHIBIT P11THE TRUE COPY OF THE JUDGMENT IN WPC
NO. 15164/2017 OF THIS HON'BLE COURT
DATED 05.5.2017.
EXHIBIT P12THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 16.6.2017.
1 provisions across 1 enactments
AMINA P.K
SAJILA BIJU
STATE OF KERALA
THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA
THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS THRISSUR
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court