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2025 Supreme(Ker) 1958

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Favas Kozhikkaruvattil, S/o.Soopi – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.C.M.MOHAMMED IQUABAL
For the Respondent: SMT.ANIMA M., GOVERNMENT PLEADER

JUDGMENT :

N.NAGARESH, J.

The 1st petitioner is a Kidney patient. The 2nd petitioner is a donor. The 2nd petitioner proposes to donate Kidney to the 1st petitioner. Exts.P10 and P11 applications were submitted for authorisation for unrelated renal transplantation under the TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT , 1994. The application was rejected as per Ext.P12 order of the District Level Authorisation Committee for transplantation of human organs. The petitioners filed Appeal by way of Ext.P14. However, the Government rejected the Appeal as per Ext.P15 order. The petitioners would submit that the Appeal was rejected without considering any of the grounds urged by the petitioners and without giving an opportunity of hearing.

2. Counsel for the petitioners submitted that neither the 3rd respondent nor the 2nd respondent has considered Ext.P1 Altruism Certificate issued by the District Police Chief after conducting due enquiry and investigation. Investigation was conducted through local police. Ext.P1 would indicate that the proposed organ donation is upon free will of the donor without any compulsion, influence or intent of reward or consideration.

3. The local MLA has issue

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