WP(C) NO. 13706 OF 2025 1 2025:KER:29233 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13706 OF 2025 PETITIONER/S: 1 FRANKLIN JAMES AGED 75 YEARS S/O. P.V.JAMES,PUTHENVEETTIL, NETHAJI NAGAR-1, KOTTARAKKARA P.O., KOLLAM DISTRICT, PRESENTLY RESIDING AT FLAT NO. 30/1027, CHERUKOTHU VEEDU, VRINDAVAN APARTMENT 803, VYTTILA P.O., ERNAKULAM DISTRICT, PIN - 682019 2 SAJINI U.K. AGED 45 YEARS W/O. SHERY K.V., KOPPAL QUARTERS, CHATTANCHAL, THEKKIL P.O., KASARAGOD DISTRICT, PIN - 671541 BY ADVS. C.M.MOHAMMED IQUABAL P.ABDUL NISHAD ISTINAF ABDULLAH THASNEEM A.P. SURYA S.R. SUBRAHMANIAN T. RESPONDENT/S: 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 WP(C) NO. 13706 OF 2025 2 2025:KER:29233 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 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13706 OF 2025 3 2025:KER:29233 C.S.DIAS, J. --------------------------------------- WP(C) No.13706 OF 2025 ----------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent to consider and dispose of Ext.P15 appeal expeditiously. 2. The 1st petitioner is suffering from chronic kidney disease. He has been advised to undergo transplantation. As there is no near relative in his family to donate a kidney, the 2nd petitioner has volunteered to donate one of her kidneys. Even though the petitioners have filed a joint application for permission before the 3rd respondent, the same was rejected by Ext.P14 order. Aggrieved by Ext.P14 order, the petitioners have preferred Ext.P15 appeal before the 2nd respondent on 29.03.2025. The petitioners are apprehensive that the appeal may not be heard immediately. Hence, the writ petition. 3. Heard; the learned counsel for the petitioners and the learned Government Pleader. On a consideration of the facts and the materials WP(C) NO. 13706 OF 2025 4 2025:KER:29233 on record, particularly that Ext.P15 appeal is pending consideration before the 2nd respondent, without expressing anything on the merits of the appeal, I direct the 2nd respondent to consider and dispose of Ext.P15 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, after affording the petitioners/their legal representatives an opportunity of being heard. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/04.04.25 WP(C) NO. 13706 OF 2025 5 2025:KER:29233 APPENDIX OF WP(C) 13706/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ALTRUISM CERTIFICATE ISSUED BY DY.S.P. BEKKAL DATED 15.02.2025 Exhibit P2 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE PETITIONERS DATED 20.11.2024 Exhibit P3 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER SON VISHNU DATED 15.02.2025 Exhibit P4 THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF THE 2ND PETITIONER AND HER SON VYSHNAV DATED 15.02.2025 Exhibit P5 THE TRUE COPY OF CERTIFICATE ISSUED BY THE UDMA MLA DATED 19.02.2025 Exhibit P6 THE TRUE COPY OF THE CONSENT ISSUED BY THE 2ND PETITIONER BEFORE THE GOVERNMENT MEDICAL COLLEGE, KOZHIKODE DATED 15.05.2023 Exhibit P7 THE TRUE COPY OF THE JOINT AFFIDAVIT OF PETITIONERS DATED 03.03.2025 Exhibit P8 THE TRUE COPY OF THE CONSENT OF THE DONOR DATED 03.03.2025 Exhibit P9 THE TRUE COPY OF THE CONSENT OF THE HUSBAND OF DONOR DATED 03.03.2025 Exhibit P10 THE TRUE COPY OF THE CONSENT OF THE SON VISHNU OF THE DONOR DATED 03.03.2025 Exhibit P11 THE TRUE COPY OF THE CONSENT OF THE SON VYSHNAV OF THE DONOR DATED 03.03.2025 Exhibit P12 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 03.03.2025 Exhibit P13 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED WP(C) NO. 13706 OF 2025 6 2025:KER:29233 04.03.2025 Exhibit P14 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 28.03.2025 Exhibit P15 THE TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 29.03.2025 Exhibit P16 THE TRUE COPY OF THE EXTRACT OF ADMISSION REGISTER ISSUED BY THE HSS MAYYANAD DATED 10.10.2024 Exhibit P17 THE TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER DATED NIL Exhibit P18 THE TRUE COPY OF THE DRIVING LICENSE OF THE 1ST PETITIONER DATED 07.10.2024 Exhibit P19 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE CONSULATE GENERAL OF INDIA, CHICAGO DATED 02.12.2023 Exhibit P20 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE MAYYANAD VILLAGE OFFICE DATED 01.04.2025