JUDGMENT : Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus to direct the respondents 2 and 3 to permit any approval hospital to forward the petitioner’s request made through representation dated 18.01.2021 to the Authorisation Committee for Organ Transplant, Tamil Nadu Directorate of Medial Education, for approval of a second Kidney transplant with one Mr.S.Naryanan being an unrelated Donar. 1. Heard Mr.K.S.Viswanathan, learned counsel for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader accepts notice on behalf of the respondents. 2. By consent of both the parties, this Writ Petition is taken up for final disposal. 3. This Writ Petition has been filed for a mandamus seeking for a direction to the respondents 2 and 3 to permit any notified hospital to forward the petitioner’s request made through his representation dated 18.01.2021 to the Authorisation Committee for Organ Transplant, Tamil Nadu Directorate of Medical Education for approval of a second Kidney transplant with one Mr.S.Naryanan, being an unrelated Donor. 4. The petitioner seeks to undergo second Kidney transplantation from a notified hospital. The donor for the said Kidney transplant is Mr.S.Narayanan, an unrelated donor. The supporting affidavit of the unrelated donor Mr.S.Narayanan has also been filed by the petitioner in this Writ Petition. 5. The petitioner seeks organ donation from an unrelated donor, for which permission is required. Whenever the donor is an related donor, permission has to be obtained under Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014. 6. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 deals with cases where the donor is an unrelated donor. The Transplantation of [Human Organs and Tissues], Act, 1994 and its Rules have been enacted to prevent commercial exploitation of human organ donation. 7. It is the case of the petitioner that generally all notified hospitals are reluctant to forward the request made for organ donation from unrelated donors to the authorised committee as per Rule 19 of the aforementioned Rules. In such circumstances, the petitioner has given a representation on 18.01.2021 to the respondents 2 and 3, who are the authorised Committee under the Act and its Rules to give permission for Organ donation. In such circumstances, the petitioner has given a representation on 18.01.2021 to the respondents 2 and 3, who are the authorised Committee under the Act and its Rules to give permission for Organ donation. In the petitioner’s representation, he has sought for permission to direct the respondents to direct Madras Medical Mission Hospital or any other notified Hospital to forward the petitioner’s proposal to the second and third respondents for approval of the petitioner’s second Kidney transplantation from the donor, viz., Mr.S.Narayanan. Since the representation has not been considered, the petitioner has approached this Court under Article 226 of the Constitution of India. 8. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 reads as follows: “Procedure in case of transplant other than near relatives:- Where the proposed transplant is between other than near relatives and all cases where the donor or recipient is foreign national (irrespective of them being near relative or otherwise), the approval will be granted by the Authorisation Committee of the hospital of if hospital based Authorisation Committee is not constituted, then by the District or State level Authorisation Committee.” 9. As seen from the aforementioned Rule, either the Authorisation Committee of the hospital or if the hospital based Authorisation Committee is not constituted, the District or State Level Authorisation Committee can grant permission for Organ transplantation in the case of unrelated donors. The case of the petitioner is that generally all notified hospitals are reluctant to consider proposals for Organ transplantation through unrelated donors by way of abundant caution. 10. The petitioner is seeking for second Kidney transplantation. He claims that he is aware of all the procedures relating to Organ transplantation due to his past experience. According to him, by his past experience, generally, the hospital is reluctant to forward the proposal for Organ transplantation through unrelated donors to the authorisation committee. In such circumstances, he has given a representation to the second and third respondents requesting them to permit Madras Medical Mission or any other approved Hospital to forward the petitioner’s proposal to the second and third respondents for approval of the second Kidney transplantation by the petitioner with Mr.S.Narayanan, being the unrelated donor at the earliest. In such circumstances, he has given a representation to the second and third respondents requesting them to permit Madras Medical Mission or any other approved Hospital to forward the petitioner’s proposal to the second and third respondents for approval of the second Kidney transplantation by the petitioner with Mr.S.Narayanan, being the unrelated donor at the earliest. In the same representation, the petitioner has given an undertaking that he will produce all necessary proof of the intending donor’s long association with the petitioner and his family in order to establish the voluntary nature of donation and absence of any commercial interest. As seen from the affidavit filed in support of the writ petition, the petitioner is presently undergoing dialysis twice a week and he has already underwent a Kidney transplantation and the donor then was his sister-in-law. Being a second transplantation, the petitioner’s representation will have to be considered with utmost urgency. 11. Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 also does not prohibit the notified hospitals to permit the petitioner to get Organ transplantation done through an unrelated donor. The only condition is that either the hospital Authorisation Committee or the District or State Level Committee constituted by the Government will have to grant permission for the same. 12. No prejudice will be caused to the respondents, if the petitioner’s proposal seeking for second Kidney transplantation through Mr.S.Narayanan, an unrelated donor is accepted by any of the notified hospitals and if the said notified hospitals do not have any Authorisation Committee, they may forward the proposal to the second and third respondents or any other approved authority under the Transplantation of [Human Organs and Tissues], Act, 1994 for the purpose of passing final orders on the petitioner’s representation seeking for permission to get Kidney transplantation done through an unrelated donor. 13. For the foregoing reasons, this Court directs the second and third respondents to permit the petitioner to approach any notified hospital for second kidney transplant through Mr.S.Narayanan, an unrelated donor within a week from the date of receipt of a copy of this order. 13. For the foregoing reasons, this Court directs the second and third respondents to permit the petitioner to approach any notified hospital for second kidney transplant through Mr.S.Narayanan, an unrelated donor within a week from the date of receipt of a copy of this order. Upon receipt of the said proposal by the notified hospital, the notified hospital shall forward the same to the Authorisation Committee as per Rule 19 of the Transplantation of Human Organs and Tissues Rules, 2014 and the Authorisation Committee shall decide upon the proposal forwarded by the notified hospital within a period of two weeks thereafter. 14. With the aforesaid direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15. Post this Writ Petition ‘for reporting compliance’ on 24.02.2021.