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IN THE HIGH COURT OF KERALA AT ERNAKULAM
2026/KER/67132
WP(C) NO. 30189 OF 2026
PETITIONERS:
1 ADHARSH T
AGED 26 YEARS
S/O. VISWANADHAN T K, THACHUMPURATH (H) VEMBALLUR
PO, THRISSUR, PIN - 680671
2 JENCY THOMAS A
AGED 38 YEARS
D/O THOMAS AA, AKKAPPILLY HOUSE, GOTHURUTH PO,
ERNAKULAM, PIN - 683516
BY ADVS.
SMT. T.H.RAIHANATH
SHRI.T.T.RAKESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HEALTH
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH, 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, MEDICAL COLLEGE PO, THRISSUR, PIN - 680596
BY SMT. MINTU CHERIAN, GP
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 3RD DAY OF SEPTEMBER 2026 / 12TH BHADRA, 1948
Sd/-
HARISANKAR V. MENON
JUDGE
APPENDIX OF WP(C) NO. 30189 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF MEDICAL CERTIFICATE DATED 19.08.2026 ISSUED BY DR.JAJIU JAMES CHAKOLA, CONSULTANT NEPHROLOGIST, WESTFORT HOSPITAL, THRISSUR
Exhibit P2 THE TRUE COPY OF MEDICAL CERTIFICATE DATED 12.01.2026 ISSUED BY DR.K G HIMMATH STATING THAT 1ST PETITIONER’S FATHER’S KIDNEY IS NOT SUITBALE FOR TRANSPLANTATION
Exhibit P3 THE TRUE COPY OF MEDICAL CERTIFICATE DATED 12.01.2026 IN THE NAME OF 1ST PETITIONER’S MOTHER ISSUED BY DR.K G HIMMATH
Exhibit P4 THE TRUE COPY OF NOTARISED AFFIDAVIT DATED 05.02.2026 SWORN BY 1ST PETITIONER’S SISTER ATHEENDRA T
Exhibit P5 THE TRUE COPY OF JOINT AFFIDAVIT DATED 21.01.2026 SWORN BY PETITIONERS
Exhibit P6 THE TRUE COPY OF CERTIFICATE DATED 06.03.2026 ISSUED BY PRESIDENT SREENARAYANAPURAM GRAMA PANCHAYATH
Exhibit P7 THE TRUE COPY OF LETTER DATED 08.04.2026 SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHAIRMAN, AUTHORISATION COMMITTEE FOR ORGAN TRANSPLANTATION
Exhibit P8 THE TRUE COPY OF THE FORM 11 APPLICATION ALONG WITH APPLICABLE FORM 3 APPLICATION BOTH DATED 08.04.2026
Exhibit P9 ’THE TRUE COPY OF THE ORDER NO.GMCTCR/573/2026-A5 DATED 17.082026 ISSUED BY THE 3RD RESPONDENT
Exhibit P10 THE TRUE COPY OF THE APPEAL DATED 22.08.2026 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 3rd day of September, 2026
Heard Smt.T.H.Raihanath, learned counsel for the petitioners and Sri.Mintu Cherian, learned Government Pleader for the respondents.
2. As against the rejection of an application seeking approval of organ transplantation under the provisions of the Transplantation of Human Organs and Tissues Act, 1994, by Ext.P9 order issued by the third respondent, the petitioners have filed an appeal as evidenced by Ext.P10 before the second respondent herein.
The only request made by the learned counsel for the petitioners is for a direction to the second respondent for a timebound disposal of Ext.P10.
Taking note of the averments contained in the writ petition as well as the submissions made across the Bar, this writ petition would stand disposed of, directing the second respondent to consider and pass orders in Ext.P10 within a period of ten days from today.
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