LAWS(KAR)-2004-10-20

S MALLIGAMMA ALIAS MALLIGAWA Vs. STATE OF KARNATAKA

Decided On October 15, 2004
S.MALLIGAMMA ALIAS MALLIGAWA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE first petitioner is suffering from chronic renal failure. The Doctor advised her to go for a kidney transplantation. According to her, her close relatives are not in a position to donate their kidney due to non matching of their blood group with her blood group.

(2.) PETITIONER 1 is a permanent resident of Holalu Village of Hadagalli taluk, Bellary District. According to the first petitioner, the 2nd petitioner is known to her and out of love and affection, the second petitioner voluntarily offered to donate kidney to the first petitioner. The petitioners appeared before the Committee and their depositions were recorded by the Committee.

(3.) THE second respondent-Committee by its order dated 17-8-2004 as per Annexure-D to the writ petition has rejected the request of the petitioners. The Committee has come to the conclusion that the offer made by the second petitioner to donate the kidney as not out of love and affection. Being aggrieved by the order passed by the second respondent as per Annexure-D, dated 17-8-2004, the present petition's are filed.