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2021 Supreme(Ker) 363

S.MANIKUMAR, SHAJI P.CHALY
Ayishamol V. – Appellant
Versus
State Of Kerala, Represented By The Secretary, Health Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.K.V.Jayadeep Menon, Smt.P.Krishnapriya, Advs.
For the Respondent: Sri.Aravind Kumar Babu(Sr.Govt.Pleader)

JUDGMENT :

S. Manikumar, J.

Instant writ appeal is filed challenging the judgment in W.P(C). No.151 of 2021 dated 22.2.2021.

2. Short facts leading to filing of the writ petition are as follows:

    1st Petitioner is a chronic kidney patient and the 2nd petitioner voluntarily agreed to donate her one organ to her. Thereafter, the petitioners submitted a joint application under the Transplantation of Human Organs and Tissues Act for consideration. But the Local Level Commissioner for Renal Transplantation/3rd respondent herein has called for a police report from the Deputy Superintendent of Police, Alappuzha/4th respondent herein, without submitting the same to the District Level Authorisation Committee for Renal Transplantation/2nd respondent herein, who is the statutory authority under the Act to consider the application. Thereupon the 4th respondent submitted a report raising a suspicion solely based on the fact that the donor is coming from a poor family and he suspected that she has any other motive, since she has submitted two applications for donating the kidney in recent time. The real fact is that the donor met the 1st petitioner surprisingly, at the hospital in Ernakulam, when she

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