Allowed

Maithri R v. State of Kerala

Kerala HC1 Aug 2024WP(C)/27427/2024

Case brief

AI extract

What is this about?

The High Court quashed the Appellate Authority's order (Ext.P20) rejecting organ transplant authorization because it failed to independently assess the matter, merely reproducing the District Level Committee's findings. The Court directed the 2nd respondent to reconsider the appeal within 10 days.

What did the court decide?

Ext.P20 quashed; 2nd respondent directed to reconsider appeal within 10 days.

Maithri R Vs State of Kerala — Writ and Judicial Review | 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 V.G.ARUN

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THURSDAY, THE 1^ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946

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WP(C) NO. 27427 OF 2024

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PETITIONERS:

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1 MAITHRI R AGED 49 YEARS W/O RAVINDRA K S, KMC 18/197, AMEY ROAD, KASARGOD DIST., PIN - 671121 2 MANU M M AGED 34 YEARS S/O MADHUSOODANAN M R MULLAKKAL HOUSE, VARIKULAM, KATTILAPOOVAM P O, TRISSUR DIST -, PIN - 680028 BY ADVS. SHIRAZ ABDULLA M.S. K.ABDUL NASSAR VISHNU DEV C.S.

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001 2 THE ADDITIONAL CHIEF SECRETARY HEALTH & FAMILY WELFARE (B) DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DIST. LEVEL ORGAN TRANSPLANTATION AUTHORIZATION COMMITTEE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM, REP. BY THE CHAIRMAN, PIN - 683503

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OTHER PRESENT:

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SMT. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.27427 of 2024

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JUDGMENT

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Dated this the 01^st day of August, 2024

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Although various contentions are raised by the

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learned Counsel for the petitioners, I find the impugned Ext.P20 order to be unsustainable for the reason that, except reproducing the findings of the District Level Committee, there has been no independent exercise of mind by the Appellate Authority.

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In cases of this nature, where the life of a person is at stake, the Appellate Authority is bound to independently assess the relevant aspects, rather than placing its findings on the District Level Committee's order alone. On that short ground alone, Ext.P20 is quashed and the 2^nd respondent is directed to reconsider the appeal filed by the petitioners.

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WP(C)No.27427 of 2024

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The decision, as directed above, shall be taken within ten days of production of a certified copy of this judgment. To effectuate proper consideration of the appeal, the petitioners shall produce a copy of the writ petition along with the certified copy of this judgment.

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The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/1-8

APPENDIX OF WP(C) 27427/2024

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PETITIONER EXHIBITS EXHIBIT P1	A TRUE COPY OF THE RELATIONSHIP CERTIFICATE OF THE 1ST PETITIONER, ISSUED FROM THE KUNJATHUR VILLAGE OFFICE DTD 19-04-2024
EXHIBIT P2	A TRUE COPY OF THE UNFIT CERTIFICATE DTD 02-05- 2024 ISSUED BY DR. ABDULLA KP IN THIS REGARD
EXHIBIT P3	A TRUE COPY OF THE TREATMENT AND EVALUATION SUMMARY OF THE PETITIONERS, ISSUED BY THE RAJAGIRI HOSPITAL, ALUVA
EXHIBIT P4	A TRUE COPY OF THE CERTIFICATE OF ALTRUISM, ISSUED TO THE PETITIONERS, BY THE ASST. COMMISSIONER OF POLICE, THRISSUR - CITY DTD 11- 04-2024
EXHIBIT P5	A TRUE COPY OF THE CERTIFICATE OF RELATIONSHIP OF THE 2ND PETITIONER, ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA DTD 16-05-2024
EXHIBIT P6	A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE PETITIONERS ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA DTD 19-04-2024
EXHIBIT P7	A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS WIFE - ANIMOL, ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA DTD NIL
EXHIBIT P8	A TRUE COPY OF THE IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HIS BROTHER - MIDHUN MM ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA DTD NIL
EXHIBIT P9	A TRUE COPY OF CONSENT LETTER OF THE 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P10	A TRUE COPY OF THE AFFIDAVIT BY THE 1ST PETITIONER, DTD 20-04-2024
EXHIBIT P11	A TRUE COPY OF THE AFFIDAVIT BY THE 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P12	A TRUE COPY OF THE AFFIDAVIT BY ANIMOL - WIFE OF 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P 13	A TRUE COPY OF THE AFFIDAVIT BY MIDHUN MM - BROTHER OF 2ND PETITIONER, DTD 20-04-2024
EXHIBIT P14	A TRUE COPY OF THE AFFIDAVIT BY THE 2ND PETITIONER DTD 17-04-2024
EXHIBIT P15	A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE PETITIONERS AND ANIMOL DTD 20-04-2024
EXHIBIT P16	A TRUE COPY OF THE REPORT OF THE ORGAN TRANSPLANT COMMITTEE, RAJAGIRI HOSPITAL, ALUVA, REQUEST BY THE PETITIONERS, REASON FOR NOT

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	ACCEPTI THE 1ST OF TRAN BY THE DTD 21-	NG KIDNEY PETITIONER SPLANTATIO PETITIONER 05-2024	FROM THE CLOSE RELATIVES OF AND APPLICATION FOR APPROVAL N FROM LIVING DONOR PRODUCED S BEFORE THE 3RD RESPONDENT
EXHIBIT P17	A TRUE PETITIO	COPY OF NER DTD 21-	THE AUTHORIZATION BY THE 1ST 05-2024
EXHIBIT P18	A TRUE 3RD RES	COPY OF T PONDENT DTD	HE ORDER OF REJECTION BY THE 12-06-2024
EXHIBIT P19	A TRUE 23873/2	COPY OF 024 DTD 04-	THE JUDGMENT IN WP)C) NO. 07-2024
EXHIBIT P20	A TRUE BY THE	COPY OF TH 2ND RESPOND	E ORDER DTD 20-07-2024 PASSED ENT
EXHIBIT P21	A TRUE SENIOR HOSPITA	COPY OF CONSULTA L, ALUVA DT	THE COMMUNICATION ISSUED BY NT (NEPHROLOGY), RAJAGIRI D 27-07-2024

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RESPONDENTS’ EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Maithri R v. State of Kerala

Case brief

What is this about?

What did the court decide?

Maithri R v. State of Kerala

Case brief

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What did the court decide?

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