Jose Joseph vs District Level Authorization Committee For Transplantation Of Human Organs, Ernakulam

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Ext.P6 and P7 applications within a time stipulated by this Hon’ble Court.

b) Pass any other appropriate writ, order or direction which this Hon’ble Court may deem fit to issue and petitioner may pray from time to time.” (sic)

The 1st petitioner is undergoing treatment for kidney problem at the VPS Lakeshore Hospital, Ernakulam. He was advised to transplant his kidney immediately. Since the kidneys of his close relatives are not suitable, the 2nd petitioner has informed her willingness to donate her kidney to the 1st petitioner. It is the case of the 1st petitioner that since the petitioners are not close relatives, it needs prior approval of the 1st respondent. It is submitted that though the petitioners approached the 2nd respondent with Exts.P6 and P7 applications to forward the same to the 1st respondent, it was not forwarded for want of certificate from the 3rd respondent. Aggrieved by the same, this writ petition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

The counsel for the petitioners submitted that the 2nd respondent is not accepting the applications saying that there is no report from the 3rd respondent. On the other hand, the learned Government Pleader submitted that if the applications are forwarded by the 2nd respondent, the 1st respondent will consider the same in accordance to law. The 1st respondent will do the needful verification at that stage. In the light of the above submission, I think this writ petition can be disposed of allowing the petitioners to submit the applications before the 2nd respondent and the 2nd respondent can be directed to forward the same to the 1st respondent for consideration of the same, in accordance to law.

Therefore, this writ petition is disposed of in the following manner:

The petitioners are free to submit Exts.P6 and P7 applications to the 2nd respondent within one week from the date of receipt of a copy of this judgment.

Once such applications are received by the 2nd respondent, the 2nd respondent will forward the same to the 1st respondent, within one week from the date of receipt of the applications.

Once the applications are received by the 1st respondent, the 1st  respondent will do the needful, after getting report from the 3rd respondent, as expeditiously as possible, and pass appropriate orders in it, within one month from the date of receipt of the application.