IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 7547 of 2011(P) ------------------------- PETITIONER: --------------- C.R.SUNIL KUMAR, AGED 40 YEARS, S/O. LATE RAMAN ELAYATH, CHENNAMANGALATH ILLOM, EROOR.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS FOR ALAPPUZHA & ERNAKULA DISTRICTS REPRESENTED BY PRINCIPAL T.D.MEDICAL COLLEGE, ALAPUZHA,VANDANAM.P.O. ALAPPUZHA-688005. 3. PRINCIPAL, T.D.MEDICAL COLLEGE, VANDANAM.P.O. ALAPPUZHA-688005. 4. REMA.V.S., AGED 46 YEARS, W/O. VELAPPAN, VIJAYA BHAVAN,KURISUMUTTAM, PEYADU.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM PIN-695573. R1 TO R 3 BY GOVERNMENT PLEADER ADV. MR. T.K.ARAVINDAKURMAR BABU. R4 BY ADV. SMT. T. SHEELA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7547 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE APPLICATION AND RELEVANT SUPPORTING DOCUMENTS. EXT.P2 : TRUE COPY OF THE CERTIFICATE OF Dy.S.P. PROVING GENUINESS. EXT.P3 : A TRUE COPY OF THE ORIGINAL MARRIAGE C ERTIFICATE EXT.P4 : A TRUE COPY OF THE JOINT REPRESENTATION SUBMITTED BY THE PETITIONER'S WIFE AND SON TO THE 2ND RESPONDENT. EXT.P5 : A TRUE COPY OF THE REPLY TO EXT.P4 DATED 12.12.2010. EXT.P6 : A TRUE COPY OF THE APPEAL BEFORE THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER EXT.P7 : A TRUE COPY OF THE EMERGENCY CERTIFICATE INSISTING TRANSPLANTATION EX5.P8 : A TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES OBTAINED FROM THE INTERNET. EXT.P9 : A TRUE COPY OF THE JUDGMENT OF KARNATAKA HIGH COURT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7547 OF 2011 ......................................................................... Dated this the 14th March , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “I. To call for the original of Exhibit P5 and quash the same by a writ of certiorari. II. To issue a writ of mandamus or appropriate writ, direction or order commanding the respondent to grant authorization of permission for transplantation of kidney sought for in Exhibit-P without fail and further delay. III. To declare that petitioner is eligible and entitled to get necessary permission sought for in Exhibit P1 under the Transplantation of Human Organs Act 1994, IV. To issue a writ of mandamus or appropriate writ, direction or order commanding the 1st respondent to consider Exhibit P6 appeal expeditiously. V. To pass such other orders deem fit in the interest of justice, equity and good conscience. VI. To allow writ petition with costs. ” 2. Service of notice to all respondents is complete. The W.P.(C) No. 7547 OF 2011 2 learned Government Pleader appearing for the respondents 1 to 3, on instruction, submits that the second respondent Committee has already considered the matter, when it was found that the documents produced by the 4th respondent were forged and that a criminal case has been registered against the 4th respondent. It was in the said circumstance, that the permission for transplantation was declined. 3. However, the learned Counsel for the petitioner submits that it is matter of life and death as far as the petitioner is concerned and that the petitioner has already preferred Ext.P6 appeal, which is pending before the Government. The learned Counsel submits that appropriate directions might be given to the first respondent to consider Ext.P6 appeal and pass orders within the shortest possible time. 4. Considering the facts and circumstances, the first respondent is directed to consider Ext. P6 and pass appropriate orders, in accordance with law, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of this W.P.(C) No. 7547 OF 2011 3 judgment along with a copy of the writ petition before the first respondent for taking further steps. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. W.P.(C) No. 7547 OF 2011 4 lk