IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1238 of 2009(V) --------------------------------- PETITIONER : ---------------- T.P. ISMAIL, S/O. MOIDU, AGED 54 YEARS, THANKETHUMKKANDI HOUSE, P.O. PERUNGATHOOR, KANNUR DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS : ------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, WAYANAD. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 1238 of 2009 -------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Petitioner's daughter needs kidney transplantation. 2. It is stated that one Shri. Biju (S/o.Markose, aged 33 years, Mullassery House, Vimala Nagar Desom, Thavinjal Grama Panchayath, Manathavadi) expressed his willingness to donate one of his Kidney to the petitioner's daughter and medical certificate revealed that kidney could be transplanted. Accordingly, the petitioner,his daughter and the donor contacted the Authorisation Committee constituted under Section 9(iv) of the Transplantation of Human Organs Act, 1994 with the assistance of the West Fort High-tech Hospital Ltd., Thrissur. 3. It is stated that the petitioner was informed that a Police verification certificate by an officer not below the rank of a Deputy Superintendent of Police regarding the identity of the donor, genuineness of the reasons for donation and altruism etc is necessary for placing the matter before the Authorisation Committee. 4. In view of this, by Exhibit P2, aforesaid Hospital requested W.P.(C) No. 1238 /2009 2 the first respondent to furnish a police verification certificate. There was no response to Exhibit P2 and the Hospital made Exhibit P3 reminder. There was also no response. It is in these circumstances, this writ petition has been filed for appropriate directions. 5. Government pleader on instruction submits that there is no statutory or other obligation on the part of the first respondent to conduct a verification in a case like this and it was therefore, that they did not pursue the matter. It is also stated that if a reference is made by the Authorization committee or any of the superiors of the 1st respondent, the first respondent shall conduct the verification and give the certificate. 6. It is well known that the Authorization committee is insisting on police verification certificate and the object for insisting on the production of such certificate also cannot be doubted. It is in view of this, the Hospital made Exhibit P2 request and Exhibit P3 reminder. In a case of this nature, it is only appropriate that the first respondent to verify the matter and if he is satisfied, issue the certificate, otherwise, the consequence can be fatal. W.P.(C) No. 1238 /2009 3 7. Therefore, I direct the first respondent to conduct enquiry pursuant to Exhibit P2 request from the Hospital and issue the verification certificate to the Hospital, if he is so satisfied about the same, as expeditiously as possible, at any rate, within one week of production of copy of this judgment. The petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC, JUDGE scm