JUDGMENT

The petitioner is suffering from Chronic Kidney Disease and is undergoing regular dialysis. The petitioner has been advised to undergo renal transplantation surgery to sustain his life. No matching kidney was found from among the near relatives of the petitioner. While so, Smt. Divya volunteered to donate her organ for conducting the surgery. Thereupon, the petitioner and the donor jointly submitted an application before the 3^rd respondent. The 3^rd respondent having rejected the application as per Ext.P5, the petitioner preferred Ext.P6 appeal under Section 17 of the Transplantation of Human Organs and Tissues Act, 1994. The prayer in this writ petition is to direct the 1^st and 2^nd respondents to consider the appeal expeditiously.

2. Heard, learned counsel for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner contended that, Ext.P5 order was passed without considering the relevant materials, particularly Exts.P2 to P4. It is submitted that, respondents 1 and 2 should be directed to consider Exts.P2 to P4 while taking a decision on Ext.P6 appeal.

I find the submission to be well founded. The writ petition is hence disposed of directing respondent Nos. 1 and 2 to take up Ext.P6 for consideration and pass a reasoned order thereon, adverting to Exts.P2 to P4 also. The decision on the appeal shall be rendered within two weeks of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner or his near relative if so warranted.

Sd/-

V.G.ARUN JUDGE MSA APPENDIX OF WP(C) 32330/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED

30.05.2024 SUBMITTED BY THE PETITIONER AND THE DONOR FOR APPROVAL OF TRANSPLANTATION FROM LIVING DONOR Exhibit P2 TRUE COPY OF THE CERTIFICATE OF ALTRUISM DATED 24.06.2024 ISSUED BY THE ASSISTANT COMMISSIONER OF POLICE, OLLUR Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED

06.06.2024 ISSUED BY SRI.ROJI M.JOHN, MEMBER OF THE KERALA LEGISLATIVE ASSEMBLY REPRESENTING ANGAMALI CONSTITUENCY Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED

04.07.2024 ISSUED BY SRI.M.K.VARGHESE, MAYOR, THRISSUR CORPORATION Exhibit P5 TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT COMMITTEE IN THE PRESCRIBED FORMAT, INCLUDING THE REJECTION ORDER DATED 16.08.2024 SIGNED BY THE CHAIRMAN OF THE 3RD RESPONDENT COMMITTEE Exhibit P6 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AND THE DONOR BEFORE THE 2ND RESPONDENT, WITH ENDORSEMENT ACKNOWLEDGING THE RECEIPT OF THE SAME IN THE HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT ON

02.09.2024 Exhibit P7 TRUE COPY OF THE ORDER DATED 12.07.2024 OF THIS HON’BLE COURT IN WRIT PETITION (C) NO.25273/2024 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED

07.08.2024 OF THIS HON’BLE COURT IN WRIT PETITION (C) NO. 27627/2024