The court emphasized the dignity and individual respect of the petitioners, highlighting that refusal based on conjectures and suspicion was against constitutional imperatives.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The 2nd petitioner is stated to be suffering from advanced renal failure and is in emergent need of an organ transplant. The 1st petitioner has come forward to help him by donating her organ; but they say that they have not been able to move forward on account of the refusal of the 4th respondent to issue to them a “Letter of Altruism” which is a statutory requirement. They say that, since the said letter has now been withheld, they have not been able to submit the relevant documents before the 3rd respondent-Local Level Authorization Committee for Renal Transplantation (‘LLAC’ for short); and consequently, that the same could not be forwarded thereafter to the 2nd respondent-District Level Authorization Committee for Renal Transplantation (‘DLAC’ for short).

2. The petitioners, therefore, pray that the 4th respondent be directed to issue an appropriate “Letter of Altruism” and that the 3rd respondent be directed to accept all documents from them and forward the same to the 2nd respondent-DLAC, so as to enable the said Authority to take a final decision on their application.

3. Noticing the afore submissions of the petitioners, as made by the learned Senior Counsel, Sri. K. Ramakumar, instructed by Sri. John Varghese, this Court passed an interim order on 20.11.2023, in the following manner:

“The learned Government Pleader-Sri. Sunil Kumar Kuriakose will obtain specific instructions from 4th respondent as to the status of the petitioners application for Letter of Altruism.

In the meanwhile, I direct the petitioners to produce all relevant documents, except the Letter of Altruism before the 3rd respondent forthwith, who will thereupon forward the same to the 2nd respondent-District Level Authorisation Committee (DLAC) immediately thereafter.

Post on 24.11.2023.”

4. Thereafter, this matter was listed on 24.11.2023, on which day, a further order as below was issued:

“Read order dated 20.11.2023.

2. Sri. K. Ramakumar - learned senior counsel, instructed by Sri. John Varghese, submitted that in terms of the afore interim order, his clients have already produced all necessary documents before the third respondent-Committee.

3. Sri. Sunil Kumar Kuriakose-learned Government Pleader, sought a day’s time to obtain further instructions from the fourth respondent as to the status of the petitioners’ application for Letter of Altruism.

4. In the afore circumstances, adverting to the judgment of this Court in W.P. (C) No. 30365/2023, I direct the third respondent to immediately forward all the documents, without waiting for the Letter of Altruism, within a period of three working days from the date of receipt of a copy of this order.

On the same being received by the second respondent, it will assess the documents and take a final decision without requiring the Letter of Altruism; but will not issue orders but will inform its decision to the learned Government Pleader, to be submitted before this Court. This shall be done within a period of four working days after the documents are received by them from the third respondent.

List on 04.12.2023.

H/o.”

5. Subsequently, on 15.12.2023, the learned Government Pleader-Sri. Sunil Kumar Kuriakose, submitted that the application for “Letter of Altruism” by the petitioners had been rejected by the 4th respondent; and hence that the “DLAC” had not taken any decision. However, since it is clear from the afore extracted order dated 24.11.2023, that the “DLAC” was directed to take a decision without requiring the “Letter of Altruism” the learned Government Pleader, sought two days time. The matter was thus adjourned to 18.12.2023 with the following proceedings being recorded:

“Read order dated 24.11.2023.

The learned GP seeks a days time to obtain instructions regarding the decision of the 2nd respondent-DLAC.

Sri. Ramkumar-learned Senior Counsel instructed by Sri. John Varghese appearing for the petitioners, submitted that rejection of the Letter of Altruism by the Police Authority is