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2025 Supreme(Ker) 1552

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE N.NAGARESH, J
Showkath Ali S/o Muhammed K. – Appellant
Versus
State Level Organ Transplantation Authorization Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Abdul Nassar, Shiraz Abdulla M.S., Vishnu Dev C.S., Muhammed Azharudeen A.
For the Respondent: Rajeev Jyothish George

JUDGMENT :

1. The 1st petitioner is a kidney patient. The 2nd petitioner proposes to donate the organ to the 1st petitioner. They submitted requisite application for permission for transplantation of human organ.

2. The petitioners would submit that the 2nd petitioner's husband was in business partnership with the 1st petitioner and they have long acquaintance. It is due to such business relations and personal attachment that the 2nd petitioner came forward to donate the organ. However, the District Level Authorisation Committee (DLAC) rejected the request of the petitioners for authorisation holding that their emotional bond is not proved and that the 2nd petitioner is visibly weak. The 2nd petitioner is having a child of three years old. On these premises, the application has been rejected.

3. The counsel for the petitioners would submit that Ext.P13 Physical and Mental Fitness Certificate given by the Medical Trust Hospital, Ernakulam would prove that as many as eight Specialist Doctors have thoroughly examined the physical and mental condition of the 2nd petitioner and have held that she is physically fit for donating the organ. The conclusions of the DLAC as regards Altruism are

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