Radhakrishnan Nair vs District Level Authorization Committee For Transplantation Of Human Organs Ernakulam

N. Nagaresh, J

This writ petition is filed seeking the following relief:-

Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated liver transplantation as per Ext.P9 application, within a time stipulated by this Hon'ble Court.

Heard the learned counsel for the petitioners, the learned Government Pleader appearing for respondents 1 and 3 and the learned counsel for the 2nd  respondent.

It is submitted by the learned counsel for the petitioners that though an application had been preferred before the 2nd respondent for effecting an unrelated liver transplant, it has not been forwarded by the 2nd respondent on the ground that it is not accompanied by a Certificate from the 3rd 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 application 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 application preferred by the petitioners is 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 Ext.P9 application to the 1st respondent for consideration, at the earliest. The 1st respondent shall conduct all due verifications 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.

Writ petition is disposed of as above.