Allowed

Sunil v. the District Level Authorization Committee for Transplantation of Human Organs, Kozhikode

Kerala HC5 Jan 2024WP(C)/50/2024

Case brief

AI extract

What is this about?

The Court allowed the writ petition following directions in a precedent. It directed the Local Committee to forward the application to the DLAC within a week, the DLAC to notify the petitioner about the 'Certificate of Altruism' requirement within two weeks, the Police to issue the certificate within two weeks, and the DLAC to decide the final request within one month.

What did the court decide?

Directing the 2nd respondent to forward the application to the 1st respondent within one week; ensuring necessary certificates are obtained within specified timelines; and the 1st respondent to grant

Sunil Vs the District Level… — 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 DEVAN RAMACHANDRAN

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FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

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W.P.(C) NO.50 OF 2024

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PETITIONER:

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SUNIL, AGED 46 YEARS, S/O.SHAMSUDEEN, PARAYIL PUTHENVEEDU, CHARUMKUZHI, AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310.

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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, KOZHIKODE, GOVERNMENTMEDICAL COLLEGE, KOZHIKODE, PIN-673 008 REPRESENTED BY ITS CHAIRMAN.

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2 THE CONVENER, LOCAL COMMITTEE OF ORGAN TRANSPLANTATION, ASTER MIMS HOSPITAL, MINI BYE-PASS ROAD, GOVINDAPURAM, KOZHIKODE DISTRICT, PIN-673 016.

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3 THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA, DY.S.P.OFFICE, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 141.

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R2 SRI. M.K. SUMOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.50 OF 2024

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JUDGMENT

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Dated this the 5^th day of January, 2024

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When this matter was called today, the learned Government Pleader – Sri.Sunil Kumar Kuriakose and learned counsel for the petitioner – Sri.C.M.Mohammed Iquabal, were ad idem that the issues involved in this case have already been answered by this Court in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam [2023 (6) KHC 293]. He prayed that, therefore, this writ petition also be ordered in terms of the directions issued therein.

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In the afore circumstances, I allow this writ petition with the following directions:

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a) The 2 nd respondent – Local Committee of Organ Transplantation of the Hospital concerned, will, thereupon, forward the application of the petitioner, along with all necessary documents, except ‘Certificate of Altruism’, to the 1^st respondent – District Level Authorization Committee for Transplantation of Human Organs (DLAC); and this

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W.P.(C) NO.50 OF 2024

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shall be done within a period of one week from the date of receipt of a copy of this judgment.

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b) On the afore application reaching the 1^st respondent - DLAC, its competent Authority will notify the petitioner and inform them whether he has to obtain a ‘Certificate of Altruism’ from the concerned Police Authority.

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c) If the DLAC is to find that no such Certificate is required in this case, they will complete the processes, leading to necessary permissions to be granted to the petitioner, within a period of one month thereafter.

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d) However, if, on the contrary, the DLAC is to find that ‘Certificate of Altruism’ is required to be obtained by the petitioner, they will intimate him of such within a period of two weeks from the date on which they receive application from the 2^nd respondent; upon which, the petitioner will be required to obtain the same and produce it before the said Authority, as per law.

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e) On the afore being done, the DLAC will take a final decision on the petitioner's request, within a period of

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W.P.(C) NO.50 OF 2024

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one month from the date on which such Certificate is produced.

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g) Needless to say, if the 1^st respondent calls upon the petitioner to obtain a ‘Certificate of Altruism’, the 3^rd respondent – Deputy Superintendent of Police, or such other competent Authority, will act upon the application for such to be made before them; and will issue necessary certificate without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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bpr

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W.P.(C) NO.50 OF 2024

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APPENDIX OF WP(C) 50/2024

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PETITIONER'S EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ELAKAMON GRAMA PANCHAYATH, VARKALA DATED 19.12.2023
Exhibit P2	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VARKALA MLA DATED 21.12.2023
Exhibit P3	THE TRUE COPY OF THE AFFIDAVIT OF THE DONOR DATED 16.12.2023
Exhibit P4	THE TRUE COPY OF THE AFFIDAVIT OF THE WIFE OF THE PETITIONER DATED 16.12.2023
Exhibit P5	THE TRUE COPY OF THE AFFIDAVIT OF RAJENDRA KUMAR, THE PATIENT DATED 15.12.2023
Exhibit P6	THE TRUE COPY OF FORM II APPLICATION OF THE PETITIONER AND THE PATIENT DATED 15.12.2023
Exhibit P7	THE TRUE COPY OF FORM 3 APPLICATION OF THE PETITIONER AND PATIENT DATED 15.12.2023

Sunil v. the District Level Authorization Committee for Transplantation of Human Organs, Kozhikode

Case brief

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Sunil v. the District Level Authorization Committee for Transplantation of Human Organs, Kozhikode

Case brief

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