High CourtsSingle Bench

Ajithkumar vs State Of Kerala

High Court Of Kerala · Decided on 26 September 2024 · Citation: (2024) 09 KL CK 0097

HON’BLE JUDGES
V.G.Arun, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 20642 Of 2024

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Judgment

7 paragraphs · 223 words

V.G.Arun, J

The 1st petitioner is undergoing treatment for the past few years and requires renal transplantation. The 2nd petitioner has volunteered to donate his organ for conducting the surgery.

The petitioners not being near relatives, approval of the 2nd respondent committee is required for the altruistic donation. For that purpose, the petitioners submitted an application before the 3rd respondent, the Local Level Committee. The petitioners’ grievance is that the 3rd respondent is not forwarding the application for the reason that a certificate of altruism issued by the police is not produced.

2.

Heard, learned counsel for the petitioners and the learned Government Pleader.

3.

This Court has time and again held that, for the purpose of forwarding the application, the Local Level Committee cannot insist upon production of the certificate of altruism, and, if at all, it is for the District Level Authorisation Committee to call for the certificate.

In  view  of  the  settled  position,  the  writ  petition  is disposed of, directing the 3rd respondent to forward the application submitted by the petitioners to the 2nd respondent within one week, if all requisite documents, other than the certificate of altruism, is produced along with the application.

Once the application is received, the 2nd respondent shall take it up for consideration and pass appropriate orders thereon within a further period of two weeks.