Back
2026 Supreme(Online)(Ker) 73088
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN & THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 11TH DAY OF NOVEMBER 2026 / 20TH KARTHIKA, 1948
WP(C) NO. 4269 OF 2025
PETITIONER(S): ADVAIDH. M AGED 19 YEARS SON OF VINESH KUMAR.M, THOZHOOR HOUSE, KOTTAPPADI P.O, THRISSUR., PIN - 680505
BY ADV SHRI.THOMAS VARGHESE
RESPONDENT(S):
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, STATE SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, ANNEX 2, THIRUVANANTHAPURAM., PIN - 695001
3 THE APPROPRIATE AUTHORITY DIRECTOR OF MEDICAL EDUCATION, KERALA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM., PIN - 695011
4 K-SOTTO(KERALA STATE ORGAN AND TISSUE TRANSPLANT ORGANISATION) REPRESENTED BY ITS ADMINISTRATOR, 1ST FLOOR, OLD HOUSE SURGEON QUARTERS, NEAR SUPER SPECIALTY BLOCK, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM., PIN - 695011
5 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM, KERALA., PIN - 695014
BY ADVS. BIJU MEENATOOR – SR.GOVERNMENT PLEADER SRI.AJIT JOY SMT.ASHA TREESA JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T Dated this the 11th day of November 2026 Soumen Sen, C.J.
Sd/-
Soumen Sen, Chief Justice
Sd/-
Syam Kumar V.M., Judge
SSK
APPENDIX OF WP(C) NO. 4269 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY.
Exhibit P14 THE TRUE COPY OF THE ENGLISH TRANSLATION OF PARAGRAPH 8 OF EXHIBIT P6 DOCUMENT.
Exhibit P2 THE TRUE COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 17-07-2024.
Exhibit P3 THE TRUE COPY OF THE NEWS REPORT PUBLISHED IN KAUMUDI ONLINE DAILY DATED 03-06-2024
Exhibit P4 THE TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT ISSUED BY 4TH RESPONDENT DATED 14.07.2024.
Exhibit P5 THE TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT ISSUED BY 4TH RESPONDENT DATED 06.07.2024.
Exhibit P6 THE TRUE COPY OF THE JUDGEMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WP(C) 33801 OF 2017, DATED 24-11-2017.
Exhibit P7 THE TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT ISSUED BY 4TH RESPONDENT DATED 25.07.2024.
Exhibit P8 THE TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT ISSUED BY 4TH RESPONDENT DATED 11.09.2024.
Exhibit P9 THE TRUE COPY OF THE GOVERNMENT ORDER VIDE REFERENCE NO. G.O(MS.) NO. 26/2018/H&FWD., DATED 15.02.2018 ISSUED BY HEALTH AND FAMILY WELFARE DEPARTMENT.
Exhibit P10 THE TRUE COPY OF THE ENQUIRY REPORT ISSUED BY INSPECTOR GENERAL OF POLICE, CRIME BRANCH, DATED 19-10-2020.
Exhibit P11 THE TRUE COPY OF THE ORDER ISSUED BY STATE POLICE CHIEF DATED 21-10-2020.
Exhibit P12 THE TRUE COPY OF THE FINAL REPORT SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, THRISSUR, DATED 29-04-2024.
Exhibit P13 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER’S FATHER BEFORE 2ND RESPONDENT DATED 02.06.2023.
RESPONDENT ANNEXURES
Annexure R2(a) True copy of the Government Order dated 04/09/2024.
Heard Sri. Thomas Varghese, learned counsel for the petitioner, and Sri. Biju Meenattoor, learned Senior Government Pleader.
2. The report of the Advisory Committee meeting held on 19th November, 2025 is placed before this Court by the Senior Government Pleader, appearing on behalf of the State. The Committee appears to have made the following recommendations:
“The committee recommends to establish a digital platform for offering live organs such as kidney or a portion of liver to needy patients suffering from end stage organ failure and skin for those require skin for therapeutic purposes on a non- directed altruistic basis. KSOTTO shall develop such a platform in close consultation with NOTTO and implement the program as per the guidelines, subject to the conditions that; (i) Only KSOTTO shall invite applications live un-related altruistic organ donation from general public and process it with utmost confidentiality and maintaining anonymity. (ii) The expenses towards the cost of medical, psychological and socioeconomic evaluation of the donor shall be borne by KSOTTO and later can be reimbursed from the recipient on successful transplantation.
(iii) The allocation policy must be as follows: -
(A) Kidney (1) Transplantation Centre of donor's choice. (2) Scope for initiating Dominos Organ Donation chain. (3) Scope for initiating a good number of Swap Donation pairs. (4) Most suitable immunologically compatible patient among the patients listed in the transplantation centre, and evaluated based on the kidney allocation criteria developed by NOTTO (Annexure 2)
(5) Regional list, provided the donor is willing to undergo ex-plantation surgery in any other hospital within the region.
(6) State list, provided the donor is willing to undergo ex-plantation surgery in any other hospital within the state.
If more than one equally immunologically suitable patients are there, ina transplant centre, after applying criteria (4) mentioned above, then priority will be given in the following order;
(1) those who do not have any suitable living donor among near relatives;
(2) those who have a suitable living donor available among near relatives but the donor has refused in writing to donate;
and (3) those who have a suitable living donor available and who has also not refused to donate in writing.
(B) Liver (1) Transplantation Centre of donor's choice.
(2) Scope for initiating Dominos Organ Donation chain.
(3) Scope for initiating a good number of Swap Donation pairs.
(4) Liver allocation policy of KSOTTO (annexure 3)
(5) Regional list, provided the donor is willing to undergo ex- plantation surgery in any other hospital within the region. (6) State list, provided the donor is willing to undergo ex-plantation surgery in any other hospital within the state, If more than one equally sick patients are there in a transplant centre, after applying criteria (4) mentioned above, then priority will be given in the following order, (1) those who do not have any suitable living donor among near relatives;
(2) those who have a suitable living donor available among near relatives but the donor has refused in writing to donate;
and (3) those who have a suitable living donor available and who has also not refused to donate in writing.
(C) Skin (1) Transplantation Centre of donor's choice.
(2) Medical emergency (3) Priority as per the Wait list maintained by the Transplantation Center.
(3) Regional list, provided the donor is willing to undergo ex- plantation surgery in any other hospital within the region. (6) State list, provided the donor is willing to undergo ex- plantation surgery in any other hospital within the state. 2. The Government shall introduce SWAP KIDNEY DONATION program for expanding the organ pool, strictly adhering to the provisions provided in Section 9(3A) of THOT Act.
3. The KSOTTO shall introduce a digital platform to assess the patient load in End Stage Renal Disease (ESRD), End Stage Liver Disease, Heart Disease leading to transplant
