IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 7^TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 27940 OF 2024 PETITIONERS:

1 AKHIL RAJ AGED 28 YEARS S/O. RAJENDRAN PILLAI, CHANDRA VILASAM, MATHILIL P.O., THRIKKADAVOOR, PERINAD, KOLLAM., PIN - 691601

2 SUNITHA BASHEER AGED 36 YEARS D/O. BASHEER, CHAVADI, CHAKKAMADAM, MATTANCHERRY, KOCHI, ERNAKULAM., PIN - 682002 BY ADVS.

AMALENDU N.S. BASIL MECHERY RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

2 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KALAMASSERRY P.O., ERNAKULAM., PIN - 683104

3 THE LOCAL LEVEL COMMITTEE FOR RENAL TRANSPLANTATION REPRESENTED BY ITS CHAIRMAN/MEDICAL DIRECTOR, MEDICAL TRUST HOSPITAL, MG ROAD, PALLIMUKU, ERNAKULAM., PIN - 682016

4 ASSISTANT COMMISSIONER OF POLICE MATTANCHERY POLICE SUB DIVISION (UNDER THE COMMISSIONER OF POLICE KOCHI CITY), MATTANCHERRY, ERNAKULAM DISTRICT., PIN - 682002 OTHER PRESENT:

SRI. SUNILKUMAR KURIAKOSE, SR. GP.

SRI. R.S. KALKURA FOR R3.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 07^th day of August, 2024 The 1^st petitioners is a chronic Kidney patient and the 2^nd petitioner has volunteered to donate her organ for conducting the transplantation surgery. They are aggrieved by the refusal on the part of the 3^rd respondent to accept the application seeking approval for the altruistic donation.

2. The learned Counsel for the petitioners submitted that the application is not being accepted, only for the reason that the Certificate of Altruism, issued by the Police, is not attached.

3. When this matter was taken up for consideration, learned Counsel appearing for the 3^rd respondent fairly submitted that, if all other requisite documents are produced along with the application, the 3^rd respondent will not insist on production of Certificate of Altruism and the application along with documents will be forwarded to the 2^nd respondent, without delay.

Based on the above submission, the writ petition is disposed of, permitting the petitioners to submit the application along with all requisite documents and directing the 3^rd respondent to forward the application to the 2^nd respondent without insisting on production of Certificate of Altruism, if the other documents are found to be in order.

Sd/-

V.G.ARUN JUDGE NB/7-8 APPENDIX OF WP(C) 27940/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED

04.11.2023 ISSUED TO THE 1ST PETITIONER BY DR.

MOHAMMED IQUBAL. P.H., CONSULTANT NEPHROLOGIST, (REG.NO:20782) OF MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE JOINT APPLICATION DATED

29.07.2024 IN FORM NO. 11 OF TRANSPLANTATION OF HUMAN ORGANS AND TISSUES RULES, 2014.

EXHIBIT P3 TRUE COPY OF FORM NO. 3 SIGNED BY THE 2ND PETITIONER BEFORE THE NOTARY PUBLIC ON

29.07.2024 BY GIVING HER CONSENT TO DONATE HIS KIDNEY TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT DATED 02.05.2024 SWORN BY THE 1ST AND 2ND PETITIONER BEFORE THE NOTARY PUBLIC.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 28.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) 16179 OF

2024 DATED 03.05.2024 OF THIS HON’BLE COURT.

RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE