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2026 Supreme(Online)(Ker) 28782

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
SOPHY S. – Appellant
Versus
THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, REPRESENTED BY ITS CHAIRMAN – Respondent
WP(C) NO. 15743 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: SHRI.ABEL TOM BENNY, SRI.D.PREM KAMATH, SHRI.AARON ZACHARIAS BENNY, SRI.V.G.SANKARAN, SHRI. MATHEW ANGELO DAVIS, SMT.JYOTHIKA KRISHNA, SMT.TESSA ROSE, SHRI.AKHIL JAMES, ADV JESSY S SALIM (GP)

Court directed timely processing of unrelated kidney transplant applications with resubmission of documents.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought mandamus directing approval for unrelated kidney transplantation based on submitted applications (Exts. P8 and P9), without requiring police certificate, and timely processing by authorization committees. The court considered the circumstances where prior applications were incomplete. The court issued directions for resubmission and processing rather than outright approval. The issues framed involved procedural requirements for organ transplantation approvals, including document submission and forwarding by local to district committees. The court's reasoning emphasized efficient processing within stipulated timelines to facilitate transplantation, without mandating waiver of altruism verification. The writ petition was disposed of with directions for the petitioner to resubmit documents to the local committee within one week, forwarding to the district committee within another week, and final decision by the district committee within one month.

Table of Content
1. reliefs sought under art.226 for transplant approval. (Para 1 , 2)
2. respondent suggests document resubmission. (Para 3)
3. directions issued for processing transplant application. (Para 4)

JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to take immediate and effective steps to issue approval for unrelated kidney transplantation as per Exts. P8 and P9 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 and forward Exts. P8 and P9 applications with documents to the 1st respondent for consideration, without the certificate of the 3rd respondent.

c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3rd respondent to forward the report regarding altruism of the petitioner, in the event of request from 1st respondent.

2. Heard.

3. The learned counsel for the 2nd respondent submitted that a direction may be issued to the petitioner to resubmit the application along with the entire documents.

4. Considering the facts and circumstances of this case, I am of the view that this Writ Petition can be disposed of with the following directions.

(a) The petitioner is directed to re-submit all the documents to the

2nd respondent-Convener of Local Committee of Organ Transplantation, within a period of one week from today.

(b) The 2nd respondent-Convener of Local Committee of Organ Transplantation of the Hospital concerned, will forward the application of the petitioner, along with all necessary documents, to the 1st respondent-District Level Authorization Committee for Transplantation of Human Organs(DLAC); and this shall be done within a period of one week thereafter.

(c) On receipt of the application and documents, the DLAC will take a final decision on the petitioner’s request, within a period of one month.

The Writ Petition is disposed of as above.

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2026 Supreme(Online)(Ker) 28782

IN THE HIGH COURT OF KERALA AT ERNAKULAMK. V. JAYAKUMAR, JSOPHY S. – AppellantVersusTHE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, REPRESENTED BY ITS CHAIRMAN – RespondentWP(C) NO. 15743 OF 2026

Court directed timely processing of unrelated kidney transplant applications with resubmission of documents.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
SOPHY S. – Appellant
Versus
THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM MEDICAL COLLEGE HOSPITAL, KALAMASSERY, REPRESENTED BY ITS CHAIRMAN – Respondent
WP(C) NO. 15743 OF 2026