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Sameera And Anr vs District Level Authorization Committee For Transplantation Of Human Organs And Ors

High Court Of Kerala · Decided on 29 December 2020 · Citation: (2020) 12 KL CK 0381

HON’BLE JUDGES
Shaji P. Chaly, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 28844 Of 2020 (E)
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Judgment

14 paragraphs · 281 words
1.

This writ petition is filed by the petitioners 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 kidney transplantation as per Ext.P10 application within a time frame stipulated by this Hon'ble Court.

2.

The issue relates to the transplantation of the kidney of the first petitioner. The contention raised by the petitioners is that even though Ext.P8

application is submitted to the second respondent, the Convener, Local Committee of Organ Transplantation, the same is not considered and

forwarded to the District Level Authorisation Committee.

3.

However, the learned counsel for the second respondent submitted that no such application is submitted and once the application is submitted, it will

be considered, secure a report from the Assistant Commissioner of Police, Mattancherry and then forward the matter to the first respondent.

4.

Having heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for the second

respondent, this writ petition is disposed of granting liberty to the 1st petitioner to submit Ext. P8 application before the 2nd respondent along with all

connected documents within a week from today, and on receipt of the same, the second respondent shall process the same and forward it to the first

respondent. The first respondent will be at liberty to call for the report from the Assistant Commissioner of Police, Mattancherry, the third respondent,

and shall take a decision on the same at the earliest and at any rate within three weeks from the date of receipt of the application from the 2nd

respondent.