S SAMSON Vs. AUTHORIZATION COMMITTEE FOR IMPLEMENTATION OF

JUDGEMENT

(1.) THIS petition is filed seeking a writ of Certiorarified mandamus calling for the records relating to the impugned minutes of the respondent in Ref.No.19222/G6/2008 dated 10.01.2008 and quash the same insofar as the petitioner is concerned and consequently direct the respondent to permit the petitioner to undergo kidney transplantation by accepting the donation of a kidney from the donor mentioned therein.

(2.) ACCORDING to the petitioner, he is a lawyer practising in District and Sessions Court at Nagercoil, living with his wife, two children and aged parents; he has been affected with chronic renal failure and has been advised to undergo kidney transplantation which is the only option for prolonging his life; he is also undergoing regular dialysis; he is not in a position to obtain donation from his near relatives for the reasons that his wife's kidney does not match on account of the difference in their respective blood groups and his parents are very old while his children are too young and he is the only son to his parents; thus, none of his listed near relatives are available for donation of the organ; this being the position, he approached one G.Kumar @ Sivakumar of Sundarkudi, Ariyalur Taluk, Perambalur District who has come forward to donate his kidney; he became known to him through Dr.Godwin Prem, who is working as Reader in Bishop Heber College, Tiruchirapalli; both of them underwent the necessary tests at ABC Hospital, Tirchirapalli and when the process was half way, the said hospital had some temporary registration issues to be resolved; as a result, he was constrained to institute Writ Proceedings before this Court. Thereafter, Writ Appeal No.168 of 2007 has been preferred in which, this Court, by order dated 24.5.2007, after considering the case in detail, has passed the following order:

(3.) IN the affidavit referred to above, it is stated that the petitioner as well as the donor have been orally examined by the Committee Members, viz., Revenue Divisional Officer-Madurai, Assistant Commissioner of Police-Madurai, Joint Director of Medical Services-Madurai and the Deponent namely, the Dean of Madurai Rajaji Hospital; during the enquiry, it was found that the donor is very young and he is not a relative to the petitioner and both of them know each other only for the last two years and suspected financial bonding was involved and therefore, as per the provisions of the Act, the Committee has rightly rejected the petitioner's request for donation of organ.