IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VIJEESH T.V. – Appellant
Versus
THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS THRISSUR – Respondent
WP(C) NO. 3805 OF 2026
| Table of Content |
|---|
| 1. eligibility and procedural issues in organ donation. (Para 1 , 2) |
| 2. court's observations on document verification. (Para 3) |
JUDGMENT
The petitioner is the proposed donor of a renal patient, Mr.Anwarsadath, undergoing treatment for kidney related problems at the West Fort Hospital, Thrissur. The petitioner has approached this Court seeking the following reliefs:-
“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 Ext.P6 and P6 applications, within a time stipulated by this Hon'ble Court;
b. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to accept Ext.P5 and P6 applications along with necessary documents and to forward the same to the 1st respondent for approval;”
2. When the petitioner came to know about the disease of Mr.Anwarsadath, he expressed his readiness to donate his kidney. Thereafter, Ext.P5 Form 3 application of the petitioner and the patient was executed. Since the petitioner and the patient are not close relatives, they approached the second respondent with necessary application and documents, to refer the matter to the first respondent for getting approval. However, the second respondent did not forward the same contending that the name of the petitioner in his original documents and marriage certificate is different. Aggrieved by the same, the petitioner has approached this court with the above writ petition.
3. Pursuant to the filing of this writ petition, the petitioner, along with IA No. 1 of 2026, produced Ext.P11, digital copy of the One and the Same Certificate dated 21.02.2026, issued by the Village Officer, Thannyam Village Office, which shows that the “Vijeesh T.V.”
and “Vijeesh Bilal T.V.” are one and the same person.
In such circumstances, I am of the opinion that this writ petition can be disposed of with the following directions:
a) The petitioner is hereby granted liberty to hand over all relevant documents to the second respondent – Convener of Local Committee of Organ Transplantation, which shall be done within a period of two weeks from today.
b) The second respondent – Convener of Local Committee of Organ Transplantation of the Hospital concerned – will forward the application of the petitioner and the patient, along with all necessary documents, to the first respondent – District Level Authorization Committee for Transplantation of Human Organs (DLAC); and this shall be done within a period of one week from the date of receipt of a copy of this judgment.
c) On the afore application reaching the first respondent - DLAC, its competent Authority will notify the petitioner and inform whether he has to obtain a ‘Certificate of Altruism’ from the concerned Police Authority.
d) If the DLAC is to find that no such Certificate is required in this case, they will complete the processes, leading to necessary permissions to be granted to the petitioner, within a period of one month thereafter.
e) However, if, on the contrary, the DLAC is to find that ‘Certificate of Altruism’ is required to be obtained by the petitioner, they will intimate them of such within a period of two weeks from the date on which they receive application from the second respondent; upon which, the petitioner will be required to obtain the same and produce it before the said Authority, as per law.
f) On the afore being done, the DLAC will take a final decision on the petitioner's request, within a period of one month from the date on which such Certificate is produced.
g) Needless to say, if the first respondent calls upon the petitioner to obtain a ‘Certificate of Altruism’, the competent Authority concerned will act upon the application for such to be made before them; and will issue necessary certificate without any avoidable delay, but not later than two weeks from the date on which it is received by them, after
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