Extracted from the PDF above. The PDF is authoritative.
2025:KER:26320 W.P.(C)No.12644 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12644 OF 2025 PETITIONERS: 1 BIJU P SIMON AGED 48 YEARS S/O P C SIMON, POOVATHINGAL HOUSE, KARNAMKOTT LANE, MADAKKATHARA P.O., THRISSUR DISTRICT, PIN - 680651 2 SURESH KUMAR AGED 42 YEARS S/O RAJAPPAN, KANNATTUPARAMBIL HOUSE, NEERATTUPURAM PO, THALAVADY, ALAPPUZHA DISTRICT, PIN - 680571 BY ADVS. T.H.RAIHANATH BASIL PAUL 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
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3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THRISSUR DISTRICT, PIN - 680596 4 MEDICAL DIRECTOR WEST FORT HOSPITAL, WEST FORT P.O., THRISSUR DISTRICT, PIN - 680004 GP SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS,J -------------------------------------------- W.P.(C).No. 12644 of 2025 --------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent to consider and dispose of Ext.P8 appeal, expeditiously. 2. The 1st petitioner is suffering from chronic kidney disease. He has been advised to undergo transplantation. The 2nd petitioner has offered to donate his kidney. Even though the petitioners had preferred a joint application before the 3rd respondent, the same was rejected by Ext.P7 order. Aggrieved by the Ext.P7 order, the petitioners have preferred Ext.P8 appeal before the 2nd respondent on 18.03.2025. The petitioners are apprehensive that the 2nd respondent may not consider their appeal, expeditiously. Hence, the writ petition. 2025:KER:26320 W.P.(C)No.12644 of 2025
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3. Heard; the learned counsel for the petitioners and the learned Government Pleader. 4. On a consideration of the facts and the materials on record, particularly that Ext.P8 appeal is pending consideration before the 2nd respondent, without expressing anything on the merits of the appeal, I deem it appropriate to direct the 2nd respondent to dispose of the appeal, expeditiously.
In the said circumstances, I allow the writ petition, by directing the 2nd respondent to consider and dispose of Ext.P8 appeal, in accordance with law and as expeditiously as possible, at any rate, within three weeks from the date of production of a copy of the judgment. The writ petition is ordered accordingly. Sd/- C.S.DIAS SCB.27.03.25. JUDGE
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APPENDIX OF WP(C) 12644/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF CERTIFICATE DATED 12.02.2025 BY THE MEDICAL PRACTITIONER WEST FORT HOSPITAL, TRISSUR Exhibit P2 THE TRUE COPY OF NOTARISED AFFIDAVIT DATED 07.01.2025 SWORN BY THE PETITIONERS Exhibit P3 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF 1ST PETITIONER DATED 02.12.2024 Exhibit P4 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 07.01.2025 Exhibit P5 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 07.01.2025 Exhibit P6 THE TRUE COPY OF LETTER DATED 14.01.2025 ISSUED BY 4TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P7 THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 13.02.2025 Exhibit P8 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18.03.2025 ALONG WITH E-MAIL RECEIPT