MUHAMMAD BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P10 order passed by the 2 nd respondent dated 17.03.2018, whereby the transplantation of liver sought for by the 1st petitioner by accepting the same from the 2nd petitioner is declined in accordance with the provisions of the Transplantation of Human Organs and Tissues Rules, 2014. Material facts for the disposal of the writ petition are as follows:

(2.) First petitioner is suffering from Liver Cirrhosis and Diabetic Mellitus. Other consequential diseases are suffered by the 1st petitioner. According to the 1st petitioner, his condition is very critical and required urgent liver transplantation. Second petitioner has offered to donate the liver to the 1 st petitioner. Thereupon, after completing the requisite formalities, 2nd respondent considered the application for the approval of transplantation, however, dismissed the same by Ext.P10 order. According to the petitioners, the 2nd respondent failed to take into account the relevant aspects and the principles of law laid down by this Court in ' Latheefa E. v. State of Kerala and Others ' [2013 (2) KHC 183]. The reason assigned in Ext.P10 order for refusing transplantation is that, the 2nd petitioner failed to prove the relationship between them and hence the link between the donor and the recipient is suspected. However, it is submitted that the 2 nd respondent did not find anything to show that there is any element of commercial transaction involved in the subject matter. Ext.P9 letter issued by the Deputy Superintendent of Police, Perumbavoor also shows that the donor is altruistic and there is nothing suspicious. These are the background facts projected by the petitioners seeking interference with Ext.P10 order.

(3.) I have heard learned counsel for the petitioners and the learned Senior Government Pleader, and perused the documents on record and the pleadings put forth by the petitioners.