Arjuna v. The Authorisation Committee (Transplantation)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.05.2021 C O R A M THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN Writ Petition No.11176 of 2021

1. Mr.Arjuna

2. Mrs. Mariyammal ... Petitioners Vs

1. The Authorisation Committee(Transplanation) rep.by its Chairman, Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai 600 010.

2. K.G.Hospital, represented by its Chairman, No.5, Govt. Arts College Road, Coimbatore ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing respondents 1 and 2 to consider the petitioners' representation dated 17.4.2021 and pass orders in accordance with law and grant approval for Kidney transplantation from 2nd petitioner to 1st petitioner and to do the transplantation by the 2nd respondent on the priority basis within the time to be stipulated by this Court.

For petitioners ...

Mr.M. Manivasagam For respondents ...

Mr.Elumalai, AGP for R1 Mr.Yoganarasimhan for R2

O R D E R

Mr. M. Elumalai, learned Addl. Govt. Pleader takes notice for the 1st respondent and Mr.G.Yoganarasimhan, learned counsel takes notice for the 2nd respondent.

2. There are two writ petitioners. Both of them are unrelated, but however, they would like to join hands and the 2nd petitioner has come forward to donate her kidney for the 1st

petitioner herein. The petitioner is suffering from end stage renal failure. This requires transplantation of kidney and it is always advisable that a near blood relative or any other person having the same blood group should come forward to donate kidney. The relatives of the 1st petitioner were examined and screened and it was found that they are not eligible to donate their kidney to the 1st petitioner. The 2nd petitioner has now come to the picture offering to donate her kidney to the 1st petitioner. This is a humanitarian act and I am confident that officials /Medical Professionals of the 2nd respondent would only appreciate this. However, their hands are tied owing to the fact that there are certain procedures to be followed and necessary sanction also had to be given to the Authorisation Committee (Transplantation) which is headed by the Chairman of Medical Education, Chennai, the 1st respondent herein.

3. It would only be in the interest of both parties that the 1st respondent processes the issue faced by the petitioners herein as that will give some relief to the petitioners herein. Therefore, the 2nd respondent may forward the entire medical records of the 1st petitioner as well as the 2nd petitioner to the 1st respondent and I hope that they would bestow some personal attention and examine the entire issue with an open mind and pass necessary orders at the most by 3.6.2021.

4. With the said observation, this Writ Petition itself is disposed of. No costs.

5.It would also be appropriate that the 2nd respondent forwards the entire medical history of the 1st and 2nd petitioners to the 1st respondent by 19.5.2021. Sd/- Assistant Registrar (Vacation Officer) //True Copy// Sub Assistant Registrar msr/tsi To 1.The Authorisation Committee(Transplanation) rep.by its Chairman, Directorate of Medical Education, 162, Poonamallee High Road,

Kilpauk, Chennai 600 010.

3. K.G.Hospital, represented by its Chairman, No.5, Govt. Arts College Road, Coimbatore-641018.

Writ Petition No.11176 of 2021 SSD(CO) baf 17/05/2021