Akhil P. v. , S/o. Velayudhan P. V. VS State of Kerala, Represented by the Secretary, Health and Family Welfare Department
2025-05-09
HARISANKAR V.MENON
body2025
DigiLaw.ai
JUDGMENT : 1. The petitioners have filed the captioned writ petition, pointing out that the 1 st petitioner herein is a chronic kidney patient and that the 2 nd petitioner has voluntarily agreed to donate her kidney to the 1 st petitioner and further that the respondents are insisting on production of a certificate of altruism for processing the joint application filed by the petitioners. 2. This Court notices that, on 27.03.2025, it was pointed out on behalf of the 3 rd respondent that the joint application was returned since the same was defective, permitting the petitioner to resubmit the same and move this writ petition. 3. This Court further notices that the requirement for a certificate of altruism is to be considered by the Authorization Committee – the 2 nd respondent herein, if necessary. 4. In the result, this writ petition would stand disposed of with the following directions; i. The 3 rd respondent – Chairman/Medical Director of the Local Level Committee for Renal Transplantation of the Hospital concerned, will forward the applications of the petitioners, along with all necessary documents, except 'Certificate of Altruism', to the 2 nd respondent - DLAC; and this shall be done within a period of one week from the date of receipt of a copy of this judgment. ii. On the afore applications reaching the 2 nd respondent - DLAC, its competent Authority will notify the petitioners and inform them whether they have to obtain a ‘Certificate of Altruism’ from the concerned Police Authority. iii. If the DLAC is to find that no such Certificate is required in these cases, they will complete the processes, leading to necessary permissions to be granted to the petitioners, within a period of one month thereafter. iv. However, if, on the contrary, the DLAC is to find that Certificates of Altruism' are required to be obtained by the petitioners, they will intimate them of such within a period of two weeks from the date on which they receive applications from the 3 rd respondent; upon which, the petitioners will be required to obtain the same and produce it before the said Authority, as per law. v. On the afore being done, the DLAC will take a final decision on the petitioners' request, within a period of one month from the date on which such Certificate is produced. 5.
v. On the afore being done, the DLAC will take a final decision on the petitioners' request, within a period of one month from the date on which such Certificate is produced. 5. Needless to say, if the 2 nd respondent calls upon the petitioners to obtain a 'Certificate of Altruism’, the 4 th respondent – Assistant Commissioner of Police, or such other competent Authority, will act upon the applications for such to be made before them; and will issue necessary certificates without any avoidable delay, but not later than two weeks from the date on which it is received by them, after making all necessary enquiries.