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2025 Supreme(Online)(Ker) 52319

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
JOBY VARGHESE – Appellant
Versus
THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: SRI. SHAMEER P M -GP

SHOBA ANNAMMA EAPEN, J.

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W.P(C).No. 43065 OF 2025 G ------------------------------

Dated this the 20th day of November, 2025 J U D G M E N T The first petitioner is a patient undergoing treatment for kidney related issues at the Medical Trust Hospital, Ernakulam. The second petitioner is the proposed donor. The petitioners have approached this Court seeking the following relief:-

“a. Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts.P10 and P11 applications within a time stipulated by this Hon'ble Court;”

2. Since the kidneys of the close relatives of the first petitioner are not suitable to transplant, the second petitioner has informed her willingness to donate her kidney to the first petitioner. It is submitted that since the donor and the recipient are not close relatives, the transplantation needs prior approval of the first respondent in view of Section 9 (3) of the Transplantation of Human Organs and Tissues Act ,1994. Therefore, the petitioners submitted application along with documents befo

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