Laiju C.C v. Union of India and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 22[ND] DAY OF DECEMBER 2023 / 1ST POUSHA, 1945** ## **WP(C) NO. 43864 OF 2023** ## **PETITIONER:** **LAIJU C.C AGED 37 YEARS S/O. CHACKO C.P, CHILLIRICKAL HOUSE, KADUNGAMANGALAM POST, KANAYANNUR, ERNAKULAM -, PIN – 682305** ## **BY ADV K.M.FIROZ** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI -, PIN – 110011** - **2 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001** - **3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM, ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, REPRESENTED BY ITS CHAIRMAN -, PIN – 683104** - **4 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL, MG ROAD, PALLIMUKKU, ERNAKULAM ,** **WP(C) NO. 43864 OF 2023** **-2-** ## **PIN – 682016** **5 VILLAGE OFFICER, VILLAGE OFFICE, ERUVELI VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT -, PIN – 682312** **BY SRI. SUNIL K KURIAKOSE, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 43864 OF 2023** **-3-** ## **JUDGMENT** When this matter was called today, the learned Government Pleader – Sri.Sunil Kumar Kuriakose and learned counsel for the petitioner – Sri. K.M.Firoz, were _ad idem_ that the issues involved in this case have already been answered by this Court in _**Soubiya v. District Level Authorisation**_ _**Committee for Transplantation of Human**_ _**Organs, Ernakulam [2023 (6) KHC 293].**_ They prayed that, therefore, this writ petition also be ordered in terms of the directions issued therein. 2. The only controversy remaining in this case is whether the close relative of the donor should also obtain an identification certificate, to be issued by the Village Officer. This issue has arisen ## **WP(C) NO. 43864 OF 2023** **-4-** because, it appears that the fourth respondent, Local Level Committee for Renal Transplantation, has insisted on the same; but the petitioner says that this is impossible to get because, the donor, though has a brother, his whereabouts are completely unknown. 3. Sri. K.M. Firoz, learned counsel for the petitioner argued that, as per Rule 7(3) (ix) of the Transplantation of Human Organs and Tissues Rules, 2014, only an interview is stipulated; and not that the near relative of the donor must obtain a Photo Identification Card. 4. Having examined the afore Rule closely, I am in affirmation with the afore argument of Sri. K. M. Firoz. 5. I, therefore, asked the learned ## **WP(C) NO. 43864 OF 2023** **-5-** Government Pleader, if the requirement of Photo Identification Card of a close relative of the donor, is a statutory ingredient, to which, his answer was, that apart from the aforementioned Rule, there are no other provisions. 6. It is luculent, therefore, that the DLAC cannot insist on a Photo Identification Certificate from a near relative of the donor, to be issued by the Village Officer. In the afore circumstances, I allow this writ petition with the following directions: a) The 4[th] respondent – Local Level Committee for Renal Transplantation of the Hospital concerned, will forward the application of the petitioner, along with all necessary documents, except ‘Certificate of Altruism’, to the 3[rd] respondent – District ## **WP(C) NO. 43864 OF 2023** **-6-** 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. b) On the afore application reaching the 3[rd] respondent - DLAC, its competent Authority will notify the petitioner and inform him whether he has to obtain a ‘Certificate of Altruism’ from the concerned Authority. c) 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 granted to the petitioner, within a period of one month thereafter. d) However, if, on the contrary, the DLAC is to find that ‘Certificate of Altruism’ is required to be obtained by the petitioner, ## **WP(C) NO. 43864 OF 2023** **-7-** they will intimate him of such within a period of two weeks from the date on which they receive application from the 4[th] respondent; upon which, the petitioner will be required to obtain the same and produce it before the said Authority, as per law. e) On the afore being done, the DLAC will take a final decision on the petitioner’s request, within a period of one month from the date on which such Certificate is produced, without insisting on the photo identification of the close relative of the donor. f) Needless to say, if the 3[rd] respondent calls upon the petitioner to obtain a ‘Certificate of Altruism’, the competent Authority, will act upon the application for such to be made before them; and will issue ## **WP(C) NO. 43864 OF 2023** **-8-** 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. I however clarify that the afore observations of this Court in direction No. (e) above, will not stand in the way of the DLAC examining every relevant and germane aspects including the identity of the donor and any relative, if available **Sd/-** ## **DEVAN RAMACHANDRAN** **JUDGE** DCS ## **WP(C) NO. 43864 OF 2023** **-9-** ## **APPENDIX** ## **PETITIONER EXHIBITS** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE OF ALTRUISM ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, PUTHENCRUZ HAVING NO. 4364/TD/2023/PZS DATED NIL** **EXHIBIT P2** **TRUE COPY OF THE CERTIFICATE DATED 05.12.2023 ISSUED BY SRI. ANOOP JACOB, MEMBER OF LEGISLATIVE ASSEMBLY, PIRAVOM** **EXHIBIT P3** **TRUE COPY OF THE CERTIFICATE OBTAINED FROM PRESIDENT, CHOTTANIKARA GRAMA PANACHYATH DATED 19.10.2023** **EXHIBIT P4** **A TRUE COPY OF THE FORM OF IDENTIFICATION CERTIFICATE INSISTED TO BE SUBMITTED BY THE RESPONDENTS 1 TO 4**