IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 8020 of 2009(V) ------------------------- PETITIONER(S): --------------- 1. WESTFORT HOSPITAL, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SRI.K.M.MOHANDAS. 2. WESTFORT HI-TECH HOSPITAL LTD., POONKUNNAM, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.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) THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MEDICAL COLLEGE, (CHAIRMAN, AUTHORISATION COMMITTEE FOR ORGAN TRANSPLANTATION, CENTRAL ZONE) KOTTAYAM. 3. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.8020 OF 2009 ------------------------ Dated this the Ist day of April, 2009. JUDGMENT Petitioners are hospitals which had registration under the Transplantation of Human Organs Act, 1994. According to the petitioner, its registration was valid till 17.1.2009 and has not been renewed subsequently, although they have submitted Exts.P5 and P6 applications for this purposes. 2. Government Pleader on instructions submits that there were several allegations against the petitioner hospitals including complaints that were received by the Government. It is stated that a Vigilance Enquiry was recommended and that the matter is forwarded and is pending before th Home Department of the State of Kerala. It is stated that it was in view of the pendency of the matter as above that the registration of the petitioner was not WP(c).No.8020/09 2 renewed. 3. In view of the fact that, there were complaints against the petitioner and recommendation of vigilance enquiry is also pending consideration of the Government of Kerala, at this stage it may not be proper for this court to direct the continuance of the registration that was granted to the petitioner under the Transportation of Human Organs Act, 1994. Therefore, at any rate, it is only proper to direct that the Home Department or the State of Kerala which has not been impleaded in this writ petition to take expeditious decision on the recommendation for the vigilance enquiry into the allegations against the petitioner. Therefore, it will be open to the petitioner to move the Home Department to expedite the matter. It is directed that if the petitioner moves the Home Department as above, a decision in the matter will be taken as expeditiously as possible and at any rate within 6 weeks from the date of receipt of such application. WP(c).No.8020/09 3 Depending upon the outcome of the enquiry to be concluded expeditiously, a decision on the application made by the petitioner for renewal of the registration shall also be taken. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.8020/09 4