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High Court of KeralaSingle JudgeDisposed of; petition disposed of in terms of d...

Joji C. Antony and Praveen v. State of Kerala and District Level Authorization Committee for Renal Transplantation, Local Level Committee for Renal Transplantation represented by its Chairman and Medical Trust Hospital, and Deputy Superintendent of Police, Kodungalloor Sub-Division

Case / Petition Number:WP(C).No.16990 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Murali Purushothaman
Judgment Date
2024-05-10
Court Decision / Holding
The writ petition is disposed of in terms of directions (a)–(g) following Soubiya. (a) Petitioners may hand over all relevant documents to the 3rd respondent (Chairman, Local Level Committee) within two weeks without a Certificate of Altruism; (b) The 3rd respondent will forward the application to the 2nd respondent within one week; (c) The DLAC will inform petitioners whether a Certificate of Altruism is required; (d) If not required, DLAC will complete processes and grant permissions within one month; (e) If required, petitioners must obtain the Certificate and present it; (f) The DLAC will decide the final petition within one month after certificate is produced; (g) If a certificate is needed, the 4th respondent (Deputy SP) will issue it after proper inquiries within two weeks of receiving the application. The petition is thus disposed with a structured, time-bound compliance framework.
Final Disposition
Disposed of; petition disposed of in terms of directions (a)–(g).

Parties to the Case

Appellants / Petitioners

  • Joji C. Antony
  • Praveen

Respondents

  • The State of Kerala represented by the Secretary, Health and Family Welfare Department, Government Secretariat, Thiruvananthapuram
  • The District Level Authorization Committee for Renal Transplantation represented by its Chairman, The Principal, Government Medical College, Kalamassery
  • The Local Level Committee for Renal Transplantation represented by its Chairman/Medical Director, Medical Trust Hospital, MG Road, Pallimukku, Ernakulam
  • Deputy Superintendent of Police, Kodungalloor Police Sub-Division, Ayyanthole, Thrissur, Sri. Sreejith V. S - GP

Legal Representation & Advocates

Counsels for Petitioners

  • • Sayujya Radhakrishnan
  • • K.R. Rajeev Krishnan

Counsels for Respondents

  • • Government Pleader, Kerala

Case Synopsis & Summary

This writ petition under WP(C).No.16990 of 2024 is filed by two petitioners, Joji C. Antony and Praveen, seeking mandamus-type relief to compel state authorities to implement a prior court decision and to expedite organ-transplant permissions under the renal transplant framework. The petition relies on Soubiya v. District Level Authorization Committee for Transplantation of Human Organs, Ernakulam (2023 (6) KHC 293), arguing that the respondents must comply with the principles and directions laid down there. The reliefs seek (i) immediate compliance with that judgment; (ii) a final order from the 2nd respondent DLAC within a fixed time; (iii) the 3rd respondent to forward petition documents to the 2nd respondent; (iv) issuance of a Certificate of Altruism by the 4th respondent; and (v) other appropriate directions including costs. The government pleader contends no Altruism application has yet been submitted, while petitioners’ counsel asserts such an application has been filed or will be supplied. The Court, noting that the issues have been settled in Soubiya, disposes of the petition with a sequence of time-bound directions coordinating submission of documents, processing by DLAC, and certification, with a clear mandate to issue Altruism certificates if required and to complete necessary permissions within specified timeframes.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners invoke the binding effect of Soubiya (2023 (6) KHC 293) and pray for a mandamus directing respondents to implement those directions, ensure submission of all relevant documents to the Local Level Committee for Renal Transplantation, expedite the process for obtaining a Certificate of Altruism, and enable the District Level Authorization Committee to pass final orders. They claim an Altruism application has been submitted; if not in the file, they will furnish a duplicate copy. They seek timely action by the 2nd respondent and prompt issuance of necessary permissions to facilitate organ donation for the petitioners.

Contentions of Respondents

The Government Pleader submits that the petitioners have not filed any Altruism application; in spite of directive, the case requires Liaison with the 2nd respondent to determine whether a Certificate of Altruism is needed. The respondents indicate willingness to comply with Soubiya’s framework and to process documents and certificates swiftly, subject to due verification and timelines.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam2023 (6) KHC 293PositiveThe judgment reiterates that the issues are already settled in Soubiya and adopts its reasoning.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 10[TH] DAY OF MAY 2024 / 20TH VAISAKHA, 1946 WP(C) NO. 16990 OF 2024`** ## **`PETITIONERS:`** ``` 1JOJI C. ANTONY AGED 55 YEARS S/O. ANTONY, RESIDING AT CHOWARAN HOUSE, MATTOOR VILLAGE, KALADI P.O., ALUVA, ERNAKULAM, PIN – 683 574. 2PRAVEEN AGED 36 YEARS S/O. RAMEN C. S, RESIDING AT CHEMBAN HOUSE, EDATHIRUTHY VILLAGE, KUNDALIYUR P.O., CHAVAKKAD, THRISSUR, PIN – 680 567. ``` ``` BY ADVS. SAYUJYA RADHAKRISHNAN K.R.RAJEEV KRISHNAN ``` ## **`RESPONDENTS:`** |**`1`**|**`THE STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE SECRETARY,`**| ||**`HEALTH AND FAMILY WELFARE DEPARTMENT,`**| ||**`GOVERNMENT SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM,`**| ||**`PIN – 695 001.`**| |**`2`**|**`THE DISTRICT LEVEL AUTHORIZATION COMMITTEE`**| ||**`FOR RENAL TRANSPLANTATION`**| ||**`REPRESENTED BY ITS CHAIRMAN,`**| ||**`THE PRINCIPAL,`**| ||**`GOVERNMENT MEDICAL COLLEGE,`**| ||**`KALAMASSERRY P.O.,`**| ||**`ERNAKULAM,`**| ||**`PIN – 683 104.`**| ``` WP(C).No.16990 OF 2024 ``` ``` 2 ``` - **`3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL, MG ROAD, PALLIMUKU, ERNAKULAM, PIN – 682 016.`** - **`4 DEPUTY SUPERINTENDENT OF POLICE KODUNGALLOOR POLICE SUB-DIVISION, AYYANTHOLE, THRISSUR, PIN – 680 003. SRI. SREEJITH V. S - GP.`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C).No.16990 OF 2024 ``` ``` 3 ``` ## **`JUDGMENT`** ## This writ petition is filed for the following ## reliefs:- “I. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 4 to comply with the judgment in Soubiya v. District Level Authorisation Committee for Transplantation of Human Organs, Ernakulam **[2023 (6) KHC 293)** forthwith, II. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.2 to pass appropriate final order in the case of the petitioners within a time frame as may be fixed by this Hon’ble Court; III. Issue a writ In the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.3 to forward all the documents necessary in the case of the petitioners to the 2[nd] respondent forthwith; IV. Issue a writ In the nature of mandamus or any other appropriate writ, order or direction, commanding the respondent No.4 to issue a certificate of Altruism forthwith; V. Issue any such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice including awarding of cost of these proceedings.” ``` WP(C).No.16990 OF 2024 ``` ``` 4 ``` 2. It is submitted by the learned Government Pleader, on instructions, that the petitioners have not so far submitted any application for Altruism. 3. The learned counsel for the petitioners submits that an application has already been submitted and in case that is not found in the files of the authority, the petitioners shall provide a further copy. 4. The issues involved in this case have already been answered by this Court in **Soubiya v. District Level Authorisation Transplantation of Committee Human Organs, for Ernakulam** [2023 (6) KHC 293]. Therefore, this writ petition is disposed of in terms of the following directions:- (a) The petitioners are hereby granted liberty to hand over all relevant documents to the Chairman of Local Level Committee for Renal Transplantation, the 3[rd] respondent without a 'Certificate of Altruism' and ``` WP(C).No.16990 OF 2024 ``` ``` 5 ``` this shall be done within a period of two weeks from today. (b) The 3[rd] respondent – Chairman of Local Level Committee for Renal Transplantation of the Hospital concerned, will forward the application of the petitioners, along with all necessary documents, except ‘Certificate of Altruism’, to the 2[nd] respondent – District Level Authorization Committee for Renal Transplantation (DLAC); and this shall be done within a period of one week from the date of receipt of a copy of this judgment. (c) On the aforesaid application reaching the 2[nd] respondent - DLAC, its competent Authority will notify the petitioners and inform them whether they have to obtain a ‘Certificate of Altruism’ from the concerned Police Authority. (d) If the DLAC is to find that no such Certificate is required in this case, they will complete the processes, leading to necessary permissions to be ``` WP(C).No.16990 OF 2024 ``` ``` 6 ``` granted to the petitioners, within a period of one month thereafter. (e) However, if, on the contrary, the DLAC is to find that ‘Certificate of Altruism’ is required to be obtained by the petitioners, they will intimate them of such within a period of two weeks from the date on which they receive application from the 3[rd] respondent; upon which, the petitioners will be required to obtain the same and produce it before the said Authority, as per law. (f) On the aforesaid being done, the DLAC will take a final decision on the petitioners’ request, within a period of one month from the date on which such Certificate is produced. (g) Needless to say, if the 2[nd] respondent calls upon the petitioners to obtain a ‘Certificate of Altruism’, the 4[th] respondent – Deputy Superintendent of Police, or such other competent Authority, will act upon the application for such to be made before ``` WP(C).No.16990 OF 2024 ``` ``` 7 ``` them; and will issue necessary certificate without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries. Sd/- ``` MURALI PURUSHOTHAMAN JUDGE ``` SPR ``` WP(C).No.16990 OF 2024 ``` ``` 8 ``` ## **`APPENDIX`** ## **`PETITIONER’S EXHIBITS:-`** ``` EXHIBIT P1A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE OF THE 1ST PETITIONER DT.02.05.2024. EXHIBIT P2A TRUE PHOTOCOPY OF THE FORM 11 APPLICATION DATED NIL. EXHIBIT P3A TRUE PHOTOCOPY OF THE FORM 3 APPLICATION DT.26.04.2024. EXHIBIT P4A TRUE PHOTOCOPY OF THE NOTARISED AFFIDAVIT DT.26.04.2024 OF THE 2ND PETITIONER. EXHIBIT P5A TRUE PHOTOCOPY OF THE NOTARISED AFFIDAVIT DT.26.04.2024 OF THE 2ND PETITIONER GIVING HIS CONSENT FOR ORGAN TRANSPLANT TO THE 1ST PETITIONER. EXHIBIT P6A TRUE PHOTOCOPY OF THE LETTER DT.23.02.2024ISSUEDBYTHE3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P7A TRUE PHOTOCOPY OF THE JUDGMENT DT.26.09.2023 IN W.P.(C) NO.30984 OF 2023. ``` ## **`RESPONDENTS EXHIBITS: NIL.`**