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2022 Supreme(Ker) 303

P.V.KUNHIKRISHNAN
JEEBINSA W/O SHAMSUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.V. JAYADEEP MENON, T.P. RAMESH, P. KRISHNAPRIYA, JINS P. JOHN, VAISHAKH M.S.
For the Respondent: DEEPA NARAYANAN.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The petitioner is aggrieved by Ext.P4 order, by which an application for the organ donation, submitted as per the Transplantation of Human Organs and Tissues Act, 1994 (for short ‘the Act, 1994’) and the Transplantation of Human Organs and Tissues Rules, 2014 (for short ‘the Rules, 2014’) is rejected. Mr.Safir T.V., S/o. Mohammedunni is a chronic kidney patient. According to the petitioner, she and her husband had a close relationship with Mr.Safir for the past several years. Hence she decided to donate her kidney to Mr.Safir. The petitioner and the recipient Mr.Safir, submitted Ext.P1 joint application in Form-3 giving consent for donating the kidney. Ext.P2 is Form-11 application. Earlier, the petitioner approached this Court, and this Court, as per Ext.P3 judgment, directed the authority concerned to consider the application and pass appropriate orders. Thereafter, Ext.P4 is issued rejecting the application. Aggrieved by the same, this writ petition is filed.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner submitted that Ext.P4 is an order without adverting to the facts

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