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2025 Supreme(Online)(Ker) 44413

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
MUHAMMED ALI. K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: M.A.SULFIA, ABDUL JALEEL, A.P.J SHIJO, AJMAL JABBAR
For the Respondents: SRI B S SYAMANTHAK, R S KALKURA

JUDGMENT

The writ petition is filed to quash Exhibit P2 order passed by the second respondent, rejecting the petitioners’ joint application for organ transplantation.

2. The first petitioner is suffering from chronic kidney disease. The first petitioner has been advised to undergo kidney transplantation. Since there are no suitable family members in the first petitioner's family to donate a kidney, the second petitioner has volunteered to donate one of his kidneys. The petitioners had submitted a joint application before the second respondent with all the supporting documents. The second respondent called for Ext. P6, the certificate of altruism from the Assistant Superintendent of Police (‘ASP’, for short), Varkala. However, the second respondent rejected the joint application by Ext. P4 order. Aggrieved by Ext. P4 order, the petitioners preferred an appeal before the first respondent, but the appeal was also rejected by Ext. P5 order. Challenging Exts. P4 and P5 orders passed by the respondents 2 and 1, the petitioners preferred WP(C) No.42664/2024 before this Court. By Ext. P1 judgment, this Court allowed the writ petition and quashed Exts. P4 and P5 orders. The second respondent

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