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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
HAMZA M., SHAJI M.K. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. need for donor due to unsuitability of relatives. (Para 1 , 2) |
| 2. evaluation of donation motivation questioned. (Para 4 , 5) |
| 3. verification of altruism stated by donor. (Para 6) |
| 4. court found no evidence of commercial transaction. (Para 7) |
JUDGMENT
The first petitioner is a person in need of kidney transplantation. Since the kidneys of his close relatives were found unsuitable for transplantation, the second petitioner expressed his willingness to donate his kidney to the first petitioner.
2. The application submitted by the petitioners was initially rejected by the third respondent as per Ext.P7 order. The said order was challenged in appeal; however, the appellate authority also rejected the request as per Ext.P10 order. Aggrieved by Ext.P10, the petitioners approached this Court by filing a writ petition, which was dismissed. The petitioners then preferred an appeal; and as per Ext.P12 judgment, the Division Bench of this Court set aside Exts.P7 and P10, and directed the third respondent to reconsider the matter. Upon reconsideration, the third respondent again rejected the request as per Ext.P13 order. The petitioners once again approached this Court challenging
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