REEJA P. Vs. DISTRICT LEVEL AUTHORIZATION COMMITTEE

JUDGEMENT

(1.) The above writ petition is filed with following prayers:

(2.) The 1st petitioner is a kidney patient. She is undergoing treatment for kidney problem at the West Fort Hi- Tech Hospital, Thrissur. It is medically found that both the kidneys of the 1st petitioner have spoiled and it needs urgent transplantation. She is undergoing dialysis thrice in a week. Ext.P1 is the certificate issued by the hospital concerned. It is submitted that the kidneys of the close relatives of the 1st petitioner is not suitable for transplantation. The father of the 1 st petitioner is aged 80 years and mother is aged 75 years and they are suffering from old age ailments. The elder brother of the 1st petitioner is from different blood group and younger brother is a diabetic patient. Her husband is aged 54 years and is also a diabetic patient. Children aged 18 and 15 years are at tender age. It is the case of the petitioner that she has no other close relatives. Therefore, the 1st petitioner could not transplant the kidney from the close relatives. It is submitted by the learned counsel for the petitioner that the younger son of the 1st petitioner is suffering from Spastic Cerebral Palsy. Ext.P2 is the certificate issued by the District Medical Board, District Hospital, Manjeri showing that the child is suffering from Cerebral Palsy. It is the case of the 1st petitioner that she has to look after this child also with the meager income of her husband from his tea shop. Since the 1st petitioner is also detected with kidney disease, the pathetic story of the 1st petitioner and her family was reported in Mathrubhumi and an online news of Mathrubhumi dated 10.09.2021 is produced as Ext.P3. It is submitted that since the kidney of the close relatives of the 1st petitioner is not suitable for transplantation, the 2nd petitioner, considering the pathetic situation of the 1st petitioner and her family, has informed her willingness to donate her kidney to the 1st petitioner. The husband of the 2nd petitioner was working with the husband of the 1st petitioner in his hotel for several years. Since the hotel was closed due to Covid 19 pandemic, now the husband of the 2 nd petitioner is working in his Village. It is the case of the petitioners that the families of the petitioners are very close and they know each other. According to the 2nd petitioner, it is a voluntary act from her side to donate the kidney to the 1st petitioner.

(3.) Ext.P4 is the certificate issued by the Deputy Superintendent of Police, Chittur. Ext.P5 is the certificate issued by the President of Cherukavu Grama Panchayat. Ext.P6 is the certificate issued by the Member of Legislative Assembly, Nenmara. Ext.P7 is the affidavit of the 2nd respondent. Ext.P8 is the identification certificate of the donor and her father. Ext.P9 is the identification certificate of the donor and her mother. Similarly, Ext.P10 is the identification certificate of the donor and her husband. Exts.P11 and P12 are the applications submitted by the petitioners for organ transplantation. Ext.P13 is the communication issued by the hospital concerned to the respondents. Ext.P14 is the order passed by the respondent. The respondent rejected the application submitted by the petitioner. Aggrieved by the same, this writ petition is filed.