Abhilash Raj vs State Of Kerala

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers :

“(i) To issue a writ of mandamus to accept and process Exhibit P2 or direction to the 3rd respondeny other appropriate writ, order Joint application along with documents and to forward the same to the 2nd respondent forthwith.

2) To issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider Exhibit P2 Application at the earliest possible time on its receipt and accord sanction to the petitioners for renal Transplantation immediately.

3) And to pass such other appropriate Writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.

4) Dispense with filing translation of the vernacular documents.” [SIC]

The 1st  respondent is a chronic kidney patient and now undergoing dialysis twice in a week is the submission. It is the case of the petitioners that the 2nd petitioner voluntarily agreed to donate her kidney to the 1st petitioner. But, it is submitted that the 3rd respondent is insisting the 2nd petitioner for the production of prior Police Verification Certificate for accepting, processing and forwarding the same to the 2nd respondent.

Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for the 3rd respondent.

It is submitted that in the light of the dictum laid down by this Court in Shoukath Ali Pullikuzhiyil and Another v. District Level Authorization Committee and others [2017 (3) KHC 256], the verification through police and altruism is not mandatory in all cases and it is to be decided by the 2nd respondent at the appropriate stage. If that is the case, if the application with all documents are received, the 3rd   respondent can be directed to forward the same to the 2nd respondent so that the 2nd respondent can pass appropriate orders in accordance with law.

The counsel appearing for the 3rd respondent submitted that the necessary documents are not produced by the petitioners along with the application. The petitioners will produce those documents also before the 3rd respondent. After receiving all the documents, there can be a direction to the 3rd respondent to forward the same to the 2nd respondent. Therefore, this writ petition is disposed of with the following directions :

(1) The  petitioners  will  produce  all  the  documents necessary for forwarding the same to the 2nd respondent before the 3rd respondent within one week from the date of receipt of a certified copy of this judgment.

(2) Once the application along with the documents are received, the 3rd respondent will forward the same to the 2nd respondent forthwith. The 2nd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within two weeks from the date of receipt of the application along with the necessary documents.

(3) The petitioners will produce a certified copy of this judgment along with a copy of this order before respondent Nos. 2 and 3 for compliance.