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2024 Supreme(Ker) 1458

Asha Lawrence – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R. Krishna Raj, R. Pratheesh, E.S. Soni, Sreeraja V., Laxmi Priyaa N.P.
For the Respondents: N. Manoj Kumar, K.R. Ranjith, V.V. Sidharthan

JUDGMENT :

V.G. Arun, J.

1. The petitioner is the daughter of M.M. Lawrence, a veteran Communist Leader, who passed away on 21.09.2024. Her grievance is regarding the decision to hand over the body of her father to the Government Medical College, Ernakulam, which according to respondents 5 and 6, the petitioner's siblings, was the wish of their father.

2. The learned counsel for the petitioner contends that, in the absence of any documentary evidence and in the light of the fact that the deceased continued to be a member of the parish of the 7th respondent church, there cannot be an assumption that the wish of the deceased was to hand over his body to the Medical College.

3. Learned Senior Counsel appearing for respondents 5 and 6 asserts that the deceased had expressed his desire to the children and also to his colleagues and followers. It is submitted that respondents 5 and 6 have filed an affidavit before the authorised officer, vouching that their father had expressed such a desire.

4. Learned State Attorney drew attention to Section 4A of the Kerala Anatomy Act, 1957, to point out that the written consent of the deceased is not mandatory.

5. In reply, learned counsel for the petitio

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