Melbin K.B. vs District Level Authorization Committee

N.Nagaresh, J

The petitioners are before this Court seeking to direct respondents 1 and 2 to take immediate steps to issue approval for unrelated kidney

transplantation as per Exts.P8 and P9 applications, within a time stipulated by this Court.

The 1st petitioner states that he is undergoing treatment for Kidney problem at Rajagiri Hospital, Aluva. The 1st  petitioner was advised to

transplant his kidney immediately. Since the kidneys of the close relatives are not suitable, the 2nd petitioner had come forward expressing willingness

to donate his kidney to the 1st petitioner.

Thereupon, the petitioners approached the 2nd respondent to get approval from the 1st  respondent and submitted Exts.P8 and P9 applications

along with necessary documents. The petitioners state that the applications submitted are being not forwarded by the 2nd respondent to the 1st

respondent on the ground that Police Clearance Certificate is not received.

The learned counsel for the 2nd respondent entered appearance and submitted that the 2nd  respondent has not received the so-called applications

along with necessary documents. If the petitioners submit applications along with supporting documents, the 2nd respondent can forward it to the 1st

respondent after making preliminary scrutiny, within a period of 24 hours.

The learned counsel for the petitioners, on the other hand, submits that the petitioners had tendered necessary applications and documents, but the

officers under the 2nd respondent were not willing to accept the application without a Court order.

I have heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent and the learned Government Pleader representing

respondents 1 and 3.

After hearing the parties, it emerges that the 1st petitioner has to undergo kidney transplantation at the earliest. The 2nd petitioner has come

forward to donate his kidney. Exts.P8 and P9 are the applications of the petitioners for facilitating organ transplantation. Whatever be the reasons for

not forwarding such applications to the 1st respondent, the matter being of emergency medical nature, if the 2nd respondent receives the applications,

the 2nd respondent has to process it and forward to the 1st respondent.

It is submitted by the learned counsel for the petitioners that the verification by the 3rd respondent is not a condition precedent for forwarding of the

applications and the 1st respondent, who is the Authority under the enactment, can call for reports from the 3rd respondent, if required.

Having considered the contentions advanced and having heard the learned counsel appearing on either side, I am of the opinion that the applications

preferred by the petitioners are liable to be considered expeditiously by the 1st respondent in accordance with law.

Accordingly, there will be a direction to the 2nd respondent to forward Exts.P8 and P9 applications to the 1st respondent for consideration

expeditiously, if the petitioners submit the same along with necessary documents. The 1st respondent shall conduct all due verification including by

reference to the 3rd respondent, if found necessary, and shall pass appropriate orders after considering all relevant aspects of the matter. Orders shall

be passed within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.