IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15852 of 2011(F) -------------------------- PETITIONERS: --------------- 1. ZEENATH SIDDIQUE, W/O.T.P.SIDDIQUE, AGED 57 YEARS, RESIDING AT CITADEL, THANA, KANNUR. 2. SAJIKUMAR, S/O.NARAYANA PILLAI, AGED 48 YEARS, DRIVER, KUTTUR P.O., PATHANAMTHITTA. BY ADV. MR. A.MOHAMED MUSTAQUE RESPONDENTS: --------------- 1. THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, GOVT.MEDICAL COLLEGE, MEDICAL COLLEGE PO, TRICHUR-680 596. 2. THE PRINCIPAL AND CHAIRMAN, DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, GOVT.MEDICAL COLLEGE, MEDICAL COLLEGE PO, TRICHUR-680 595. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 15852 OF 2011 APPENDIX PETITIONERS' EXHIBITS : EXT. P1 : TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 26.02.2011 EXT. P2 :TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 26.02.2011 EXT. P3 : TRUE COPY OF THE CERTIFICATE FROM MEDICAL TRUST HOSPITAL EXT. P3(a) :TRUE COPY OF THE RECOMMENDATION LETTER FROM MEDICAL TRUST HOSPITAL DATED 26.02.2011 EXT. P4 : TRUE COPY OF THE CONSENT LETTER FROM SAJIKUMAR DATED 21.01.2011 EXT.P5 : TRUE COPY OF THE CERTIFICATE FROM MEMBER OF PARLIA- MENT DATED 01.09.2010 EXT.P6 : TRUE COPY OF THE AFFIDAVIT BY THE 2ND PETITIONER DATED 24.01.2011 EXT.P7 : TRUE COPY OF THE AFFIDAVIT BY THE 2ND PETITIONER DATED 03.01.2011 ATTESTED BY JFCM, THIRUVALLA EXT.P8 : TRUE COPY OF THE AFFIDAVIT SWORN BY MOTHER OF 2ND PETITIONER DATED 03.01.2011 EXT.P9 : TRUE COPY OF THE AFFIDAVIT SWORN BY THE WIFE OF THE 2ND PETITIONER EXT.P10 : TRUE COPY OF THE LETTER DATED 19.05.2011 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 15852 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioners are challenging Ext. P10 order passed by the first respondent, whereby the application preferred for getting approval for effecting the 'kidney transplantation' stands is rejected by the 1st respondent / District Level Committee. 2. Heard the learned Government Pleader as well. 3. It is evident that, the petitioners are having effective alternate remedy against Ext. P10 order, as provided under Section 17 of the Transplantation of Human Organs Act, 1994, by approaching the State Level Forrum, in the manner as prescribed therein. The learned counsel for the petitioner submits that, the petitioner would like to pursue the said remedy. 4. Taking note of the urgency pointed out from the part of the petitioners and the plight of the patient concerned, it is made cleared, if any appeals preferred by the petitioners against Ext. P10, complying with all the statutory requirements within 10 days from the date of W.P. (C) No. 15852 of 2011 : 2 : receipt of a copy of the judgment, the same shall be considered and appropriate orders shall be passed by the State Level Committee, in accordance with law, as expeditiously as possible, at any rate within two weeks thereafter. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd