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2016 Supreme(Ker) 884

P.B.SURESH KUMAR
Ahamed Noushod – Appellant
Versus
District Level Authorization Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.M. Mohammed Iquabal, Anilkumar V (Vazharambil)
For the Respondent: Joseph George, Government Pleader

JUDGMENT :

P.B. Suresh Kumar, J.

The petitioner is suffering from renal failure. He is advised by the doctors to transplant his kidney at the earliest. As per the provisions contained in the Transplantation of Human Organs and Tissues Act ('the Act' for short), the transplantation surgery can be carried out only with the sanction of the first respondent, the District Level Authorization Committee for Transplantation of Human Organs. As per the norms, the first respondent Committee would take up the issue only on a reference by the second respondent, the Local Level Committee for Organ Transplantation. The case of the petitioner is that the second respondent committee is not referring the application submitted by the petitioner for sanction to the first respondent committee on the ground that he has not produced all the documents required for the same as indicated in Ext.P5 check list. The case of the petitioner is that he has produced all the documents indicated in Ext.P5 check list except a letter from the Deputy Superintendent of Police concerning the criminal antecedents of the donor. It is stated by the petitioner that such a letter was insisted earlier as the rules then prevaili




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