Nadirsha K.A vs District Level Authorisation Committee

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“i) Call for the records leading to Ext.P8 and quash the same by issuing a Writ of Certiorari

ii) Issue a writ of mandamus or any other writ, order or direction directing the first respondent to grant permission to the petitioners to proceed with the renal transplantation as prayed for in Ext.P3 application

iii) Permit the petitioners to dispense with the production of English translation of document in vernacular language which is produced along with this Writ Petition and

iv) Pass such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” (sic)

The main prayer in this writ petition is against Ext.P8 issued by the 1st respondent. Admittedly, the petitioners have got a right of appeal against Ext.P8 before the additional 4th respondent. If that be so, I am of the considered opinion that the petitioners have to avail that right. The counsel for the petitioners submitted that the 1st petitioner is in a serious condition and that is why the petitioners approached this Court. There can be a direction to the appellate authority to consider the appeal if any filed, within a shortest time. All the contentions raised by the petitioners in this writ petition are left open.

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

The petitioners are free to file an appeal against Ext.P8 before the additional 4th respondent within three days from the date of receipt of a certified copy of this judgment.

Once such an appeal is received, the additional 4th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners or their authorised representatives, as expeditiously as possible, at any rate, within ten days from the date of receipt of the appeal.

The petitioners will produce a stamped certified copy of this judgment together with a copy of this writ petition with exhibits before the additional 4th respondent for compliance.

All the contentions raised by the petitioners in this writ petition are left open and those contentions also should be adverted to by the additional 4th respondent, while deciding the appeal.