IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10383 of 2009(P) -------------------------- PETITIONER(S): --------------- V.P.MUTHALIB ,AGED 28 YEARS,S/O.ALI VADAKKUMBALA HOUSE, THRITHALA PO, PALAKKAD DISTRICT 679 534. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.M.AJAY (IRUMPANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE AUTHORISATION COMMITTEE FOR HUMAN ORGAN TRANSPLANTATION OF KERALA, (CENTRAL AUTHORISATION COMMITTEE) CENTRAL ZONE ,KOTTAYAM,REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL, MEDICAL COLLEGE GANDHI NAGAR P.O.KOTTAYAM. 3. THE APPROPRIATE AUTHORIY (APPOINTED UNDER THE TRANSPLANTATION HUMAN ORGAN ACT) REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION, THE OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION THE OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION THIRUVANANTHAPURAM. 5. THE WEST FORT HI-TECH HOSPITAL LTD P.B.NO.930, PUNKUNNAM, THRISSUR 680 002, REP BY ITS MANAGING DIRECTOR. 6. LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED, LAKESHORE HOSPITAL, NH 47 BY-PASS, NETOOR PO, COCHIN, REP BY ITS MANAGING DIRECTOR. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10383 of 2009 --------------------------------- Dated, this the 6th day of April, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the Chairperson of the 1st respondent to issue proceedings granting approval to the petitioner in favour of the 6th respondent hospital. The petitioner submits that, on the strength of Ext.P1 issued by the 2nd respondent, he was to undergo kidney transplantation surgery at the 5th respondent hospital. However on account of the fact that the 5th respondent is no longer registered under the Transplantation of Human Organs Act, 1994, he seeks a direction to the 2nd respondent to issue proceedings granting approval to the petitioner in favour of the 6th respondent hospital, so that he can undergo the surgery under the 6th respondent hospital. 2. An issue identical to this has already been dealt with by this Court in Ext.P2 judgment rendered in WP(C) No.5406/2009 dated 04/03/2009. Facts being identical, I am satisfied that the petitioner is entitled to similar reliefs. 3. Therefore, the writ petition is disposed of directing that WP(C) No.10383/2009 -2- the petitioner shall make an application to the 2nd respondent, in which case the 2nd respondent shall without convening a meeting of the Authorisation Committee issue proceedings granting approval to the petitioner in favour of the 6th respondent hospital. It is directed that on the filing of the application as above, proceedings shall be issued immediately thereafter. 4. The petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg