IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHSINA N.S – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 3742/2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946 WP(C) NO. 3742 OF 2025 PETITIONERS:
1 MOHSINA N.S AGED 31 YEARS W/O AMJITH T.A, THEKKINKATTIL HOUSE, KADAMALLOOR P.O,KUNNUMKULAM TALUK, THRISSUR DISTRICT, PIN -
680543
2 SUMAYYA V.S AGED 29 YEARS W/O SHIHABUDHEEN, VAIAATTUKUNDIL VEETTIL, ERIYADU, VILLAGE, ERIYADU P.O, AZHIKODE, THRISSUR DISTRICT, PIN - 680666 BY ADV T.H.RAIHANATH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HEALTH DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS ERNAKULAM REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE,H.M.T. COLONY P.O., KALAMASSERY, KOCHI, PIN – 683503 GP SRI. B.S. SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dated this the 31st day of January, 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent to consider and dispose of Ext.P12 appeal expeditiously.
2. The first petitioner is suffering from Chronic Kidney Disease and has been advised transplantation. The 2nd petitioner has offered to donate one of her kidneys. The petitioners had submitted a joint application before the 3rd respondent, which was rejected by Ext.P11 order. Aggrieved by Ext.P11 order, the petitioners have preferred Ext.P12 appeal before the 2nd respondent on 25.1.2025. The petitioners are apprehensive that the 2nd respondent may not consider the appeal expeditiously. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners and the learned Government Pleader.
4. On a consideration of the facts and materials on record, especially that Ext.P12 appeal is pending consideration before the 2nd respondent, without expressing anything on the merits of the matter, I deem it appropriate to direct the 2nd respondent to dispose of the appeal, expeditiously.
In the result, the writ petition is disposed of, by directing the 2nd respondent to consider and dispose of Ext.P12 appeal, in accordance with law and as expeditiously as possible, at any rate, within a period of three weeks from the date of production of a copy of this judgment. The petitioners would be also at liberty to produce a copy of the writ petition along with the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE rmm/31/1/2025 APPENDIX OF WP(C) 3742/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 1ST PETITIONER DATED NIL Exhibit P2 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER MOTHER DATED 12.09.2024 Exhibit P3 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER HUSBAND DATED 12.09.2024 Exhibit P4 THE TRUE COPY OF THE JOINT AFFIDAVIT OF PETITIONERS DATED 04.03.2024 Exhibit P5 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED 04.03.2024 Exhibit P6 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF DONOR DATED 04.03.2024 Exhibit P7 THE TRUE COPY OF THE CONSENT OF THE MOTHER OF THE DONOR DATED 04.03.2024 Exhibit P8 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED
04.03.2024 Exhibit P9 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED
04.03.2024 Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.29540/2024 OF THIS HON’BLE COURT DATED 22.08.2024 Exhibit P11 THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 19.10.2024 EXHIBIT P12 THE APPEAL FILED BY THE PETIIIONERS BEFORE THE 2ND RESPONDENT.
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