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2026 Supreme(Ker) 774

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, PREETA A.K.
Greeny Tomy – Appellant
Versus
State Of Kerala, Represented By Secretary, Home Department – Respondent


Advocates Appeared:
For the Petitioner: Sri.Haroon Ashraf, Sri.K.T.Saju, Sri.Mohammad Ishaaq, Sri.Amjath T.H.
For the Respondent: Sri.B.Unnikrishna Kaimal, Sr.G.P.

Table of Content
1. summary of facts leading to the dispute over body donation. (Para 1)
2. contention of legal heirs regarding rights to funeral rites. (Para 2)
3. posthumous bodily integrity and the validity of anatomical donations under the kerala anatomy act. (Para 3 , 4)

JUDGMENT :

PREETA A.K., J.

The appellants who are the petitioners in the Writ Petition are challenging the judgment dated 10/04/2026 of the learned Single Judge whereby challenge against the retention and proposed use of the body of their deceased mother for anatomical purposes, was dismissed. The brief facts leading to the filing of the Writ Appeal is as follows :

The appellants and respondents 6 to 8 are the Children of late Mary, wife of John who died on 23/02/2026. The fifth respondent is the son-in-law of the said Mary. The allegation in the Writ Petition was that respondents 5 to 7, without informing the appellants or obtaining their consent, took custody of the dead body of the deceased on the date of death, transported the dead body to Government Medical College Hospital, Kalamassery and represented before the hospital authorities that the body was being donated for medical purposes. Acting upon such represen

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