IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11820 of 2010(B) ---------------------------------------- PETITIONER(S): ----------------------- ABDUL AZEEZ, AGED 46 YEARS, S/O. MAMMU, PUTHUR HOUSE, NATIPATTA P.O., KOZHIKODE DISTRICT. BY ADV. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, MR.PRATHAP PILLAI, MR.SABU SREDARAN, MR.BENOJ C.AUGUSTINE, MR.C.U. SANGEETH. RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 5. THE CHAIRMAN, DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, (THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR). R1 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST.S.G OF INDIA, ADV. MR.P.R.LESLIE STEPHEN. R2 TO R5 BY GOVT. PLEADER MR.P NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11820 OF 2010 --------------------------------------- Dated this the 6th day of April, 2010. J U D G M E N T The petitioner is suffering from chronic kidney failure. He requires permission for kidney transplantation and accordingly, he moved the 5th respondent in the matter. By Exhibit P7, it was informed by the 5th respondent that the petitioner's application for transplantation of kidney is rejected for various reasons shown therein. Aggrieved by the same, the petitioner has filed Exhibit P9 representation before the Director of Medical Education namely, 4th respondent herein. 2. Learned counsel for the petitioner submitted that the petitioner requires immediate kidney transplantation and all the difficulties have been detailed in Exhibit P9. There will be a direction to the 4th respondent to take a decision on Exhibit P9 in accordance with law. If the 4th respondent is having authority under the relevant provisions of the Act, the petition will be considered and appropriate W.P.(C) No.11820/2010 2 decision will be taken and the decision will be communicated to the petitioner within a period of one month. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp