C. SESHADARI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed for a writ of mandamus declaring the orders of the 3rd respondent - State Authorization Committee for Organ Transplant, Telangana State, represented by its Chairman, in Rc. No. 19711/MAK/2018 dated 18.05.2018, in rejecting the case of the petitioner for approval of kidney transplantation though all the ingredients are satisfied as per law and the further inaction of the 2nd respondent - State of Telangana, represented by its Principal Secretary, Health, Medical and Family Welfare Department - the Appellate Authority, in not passing orders on the appeal dated 20.05.2018, though the 1st petitioner's health is deteriorating day by day, as illegal and arbitrary and consequently, directing the respondents 2 and 3 to immediately grant approval for the kidney transplantation from petitioner No. 2 to petitioner No. 1, forthwith.

(2.) The case of the petitioner No. 1 is that he is working in transport department and is the sole breadwinner and is a diabetic patient for the past twenty five years and due to renal failure, has been undergoing dialysis thrice a week at Centry Hospital, 8-2-2703, Road No. 12, Banjara Hills, Hyderabad, for the last ten months from Aug., 2017. The doctors, who have been treating him regularly, for the three years, have strongly recommended surgical extraction and transplantation of a new kidney in its place. Due to prolonged dialysis from Aug., 2017, the petitioner is experiencing the side effect, which he detailed in the affidavit filed in support of the writ petition.

(3.) The further case of the petitioner No. 1, is that his wife is suffering my psychosis and that his brother and his aged father are diabetic patients and hence, not in a position to donate their kidney. The 2nd petitioner is his cousin. It is stated that the father of the 2nd petitioner Mr. Narayana Swamy and father of the petitioner No. 1, are brothers related by blood and thus the 2nd petitioner is his cousin. In the material papers filed along with the writ petition, petitioner No. 1 has filed copy of the genealogy of the family tree issued by Tahsildar, Kadiri mandal, to show that she is his blood relative. It is stated that due to strong outstanding association with the 1st petitioner and his family, for the past over 20 years, and seeing his suffering in undergoing dialysis, the 2nd petitioner, on account of love and affection and without there being any monitory consideration or any pressure, has come forward to donate her kidney.