Point of law : There is no rule that, poor people can't donate organs. Being poor is not a sin. people with big hearts are there in plenty in our country and they can save them

JUDGMENT :

above writ petition is filed with following prayers:

“a). Call for records leading upto Ext.P14 order and quash same by issuance of a writ of certiorari or any other appropriate writ, order or direction.

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondent to issue approval for unrelated kidney transplantation to petitioners as per Ext.P11 and P12 applications.

c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and petitioner may pray from time to time.”

2. 1st petitioner is a kidney patient. She is undergoing treatment for kidney problem at West Fort Hi-Tech Hospital, Thrissur. It is medically found that both kidneys of 1st petitioner have spoiled and it needs urgent transplantation. She is undergoing dialysis thrice in a week. Ext.P1 is certificate issued by hospital concerned. It is submitted that kidneys of close relatives of 1st petitioner is not suitable for transplantation. father of st petitioner is aged 80 years and mother is aged 75 years and they are suffering from old age ailments. elder brother of 1st petitioner is from different blood group and younger brother is a diabetic patient. Her husband is aged 54 years and is also a diabetic patient. Children aged 18 and 15 years are at tender age. It is case of petitioner that she has no other close relatives. Therefore, 1st petitioner could not transplant kidney from close relatives. It is submitted by learned counsel for petitioner that younger son of 1st petitioner is suffering from Spastic Cerebral Palsy.

Ext.P2 is certificate issued by District Medical Board, District Hospital, Manjeri showing that child is suffering from Cerebral Palsy. It is case of 1st petitioner that she has to look after this child also with meager income of her husband from his tea shop. Since 1st petitioner is also detected with kidney disease, pathetic story of 1st petitioner and her family was reported in Mathrubhumi and an online news of Mathrubhumi dated 10.09.2021 is produced as Ext.P3. It is submitted that since kidney of close relatives of 1st petitioner is not suitable for transplantation, 2nd petitioner, considering pathetic situation of 1st petitioner and her family, has informed her willingness to donate her kidney to 1st petitioner. husband of 2nd petitioner was working with husband of 1st petitioner in his hotel for several years. Since hotel was closed due to Covid-19 pandemic, now husband of 2nd petitioner is working in his Village. It is case of petitioners that families of petitioners are very close and they know each other. According to 2nd petitioner, it is a voluntary act from her side to donate kidney to 1st petitioner.

3. Ext.P4 is certificate issued by Deputy Superintendent of Police, Chittur. Ext.P5 is certificate issued by President of Cherukavu Grama Panchayat. Ext.P6 is certificate issued by Member of Legislative Assembly, Nenmara. Ext.P7 is affidavit of 2nd respondent. Ext.P8 is identification certificate of donor and her father. Ext.P9 is identification certificate of donor and her mother. Similarly, Ext.P10 is identification certificate of donor and her husband. Exts.P11 and P12 are applications submitted by petitioners for organ transplantation. Ext.P13 is communication issued by hospital concerned to respondents. Ext.P14 is order passed by respondent. respondent rejected application submitted by petitioner. Aggrieved by same, this writ petition is filed.

4. Heard learned counsel for petitioners and learned Government Pleader for respondent.

5. learned counsel for petitioner submitted that 1st petitioner is in a pathetic situation now and she is undergoing dialysis thrice in a week. Her younger son