IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WA.No. 897 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8020/2009 Dated 01/04/2009 .................... APPELLANT(S): -------------- 1. WEST FORT HOSPITAL, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, K.M. MOHANDAS. 2. WEST FORT HI-TCH HOSPITAL LTD., POONKUNNAM, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR K.M. MOHANDAS. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR OF MEDICAL EDUCATION, (APPROPRIATE AUTHORITY) TRANSPLANTATION OF HUMAN ORGANS ACT, 1994) TRIVANDRUM. 2. THE PRINCIPAL , MEDICAL COLLEGE, (CHAIRMAN, AUTHORISATION COMMITTEE FOR ORGAN TRANSPLANTATION, CENTRAL ZONE), KOTTAYAM. 3. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.897 of 2009 -------------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Kurian Joseph,J. Appellants are the writ petitioners. The writ petition was filed challenging Exts.P9 and P10 and for a further direction to the first respondent to renew the certificates of registration issued to the petitioners under Section 15 of the Transplantation of Human Organs Act, 1994. As per the impugned orders the petitioners were informed that only after the completion of the vigilance enquiry the question of renewal can be considered. The learned single Judge disposed of the writ petition directing the Home Department to expedite the enquiry, if any, and complete the same within six weeks from the date of receipt of the application and depending on the outcome of the enquiry it was directed to consider the application for renewal. W.A.No. of 2009 -:2:- 2. Before us a counter affidavit has been filed on behalf of the first respondent. It is stated in the counter affidavit that the first respondent had directed the Authorisation Committee, North Zone to conduct an enquiry regarding the complaint of unauthorised/unrelated renal transplantation. The Authorisation Committee has accordingly conducted an enquiry and has submitted a report. It is seen from the report that all those transplantations done from 2005 onwards were done after getting approval of the Authorisation Committee of Central Zone. Therefore, it is stated in the counter affidavit that “in the light of the enquiry report submitted by the Authorisation Committee, it was decided to grant renewal of registration provisionally to carry out the renal transplantation in respect of the patients who get No Objection Certificate from the competent authority”. Once an W.A.No. of 2009 -:3:- enquiry is conducted and in the enquiry if there is no incriminating material, there is no point in again issuing a provisional licence. In the above circumstances this writ appeal is disposed of directing the first respondent to grant the licence under Section 15 of the Act within two weeks from the date of receipt of a copy of this judgment. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No.897 of 2009 ---------------------------- JUDGMENT 9th July, 2009