DHARMAPUTHRAN T Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge is against Ext. P6 order passed by the third respondent/District Level Authorization Committee, which stands affirmed by Ext. P7 order dated 09.12.2014 passed by the second respondent/Secretary to Government, Dept. of Health, Thiruvananthapuram.

(2.) The issue pertains to the permission sought for to have 'Kidney Transplantation'. The first petitioner is a chronic renal patient and it has been certified by the medical authorities that transplantation of kidney is essential. Efforts taken to identify a near relative with a matching kidney came to be unsuccessful. While so, the second petitioner with whom, the first petitioner was having acquaintance came forward because of love and affection, to donate his kidney. After satisfying the formalities in this regard, Ext. P3 application dated 03.09.2014 was preferred before the third respondent/District Level Authorization Committee, jointly by the petitioners, producing relevant documents,. The consent of the near relatives of the donor/second petitioner was also produced, as borne by Exts. P4 and P5. However, without any regard to the actual facts and figures, the application came to be rejected by the third respondent, as per Ext. P6 order dated 01.11.2014, raising some doubts as to the willingness expressed by the donor/second petitioner. Being aggrieved of the said order, the petitioners preferred an appeal before the Government. But interference was declined and the appeal came to be rejected as per Ext. P7 order dated 09.12.2014, which in turn is under challenge in this writ petition.

(3.) Heard the learned Counsel for the petitioner as well as the learned Government Pleader appearing for the respondents.