Sanchita Dsouza v. K.G.Hospital
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.16811 OF 2022 AND W.M.P.NO.16115 OF 2022
1. Mrs.Sanchita Dsouza
2. Mrs.Kokila ... Petitioners Vs.
1. K.G. Hospital, Rep. by its Chairman, No.5, Govt. Arts College Road, Coimbatore - 641 018.
2. The Authorisation Committee (Transplantation), Rep. by its Chairman, Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai - 600 010.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the respondents 1 & 2 to consider the petitioner's representation dated 27.05.2022 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 1st respondent on the priority basis within the time to be stipulated by this Court. For Petitioners :
M/s.M.Manivasagam Associates For Respondents :
Mr.P.Rajaji for M/s.Iyer Thomas [R1] Mr.J.Ravindran Additional Advocate General assisted by Mr.T.Seenivasan Special Government Pleader [R2]
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to consider the petitioners' representation dated 27.05.2022, seeking for granting approval for Kidney Transplantation from second petitioner to first petitioner and to do the Transplantation by the first respondent/Hospital on priority basis within a time frame to be fixed by this Court.
2. Mr.P.Rajaji, learned counsel accepts notice on behalf of 1st respondent and Mr.T.Seenivasan, learned Special Government Pleader accepts notice on behalf of 2nd respondent. By consent of both parties, this Writ Petition is taken up for final disposal in the admission stage itself.
3. According to the petitioners, the first petitioner requires immediate Kidney Transplantation. It has also been stated that thrice a week, the first petitioner has been undergoing dialysis. It is also stated that the Doctors have advised the first petitioner to undergo immediate Kidney Transplantation. According to the petitioners, there are no relatives of the first petitioner to donate Kidney in her favour and that only the second petitioner, who is the first petitioner's family friend has come forward to donate Kidney in favour of the first petitioner. Since the transplantation is from a non-relative, permission is required to be obtained from the second respondent.
4. The case of the petitioners is that there is a delay on the part of the second respondent to consider the petitioners' representation seeking permission for Transplantation of Kidney from the second respondent to the petitioners. The petitioners have given a representation on 27.05.2022 with the second respondent. Since the representation has not been considered till date, the petitioners have filed this Writ Petition.
5. Heard learned counsel for the petitioner, learned counsel for the first respondent and learned Additional Advocate General appearing for the second respondent.
6. The learned Additional Advocate General appearing for the second respondent would at the outset submit that only in case of medical emergency, the first petitioner's request for approval can be considered by the second respondent on emergency basis, as there are so many person in the waiting list, who require the very same permission.
7. However, the learned counsel for the petitioner submits after referring to the various documents filed along with the Writ Petition that the first petitioner is undergoing Kidney dialysis thrice a week and the Doctors have also advised immediate Kidney Transplantation.
8. After giving due consideration to the same, this Court is of the considered view that there is a medical emergency for the first petitioner to get Kidney Transplantation done immediately by the first respondent/Hospital, where the first petitioner has approached for Kidney Transplantation.
9. The learned Additional Advocate General appearing for the second respondent also submits that the sitting of the second respondent takes place every Friday. The same is recorded.
10. After recording the submissions made by the respective counsels, this Court directs the second respondent to consider the petitioners' representation dated 27.05.2022, seeking for approval for Kidney Transplantation from the second petitioner to the first petitioner on 08.07.2022 (coming Friday) and pass final orders immediately on the very same day i.e. before 7 p.m. and forward the said order to the first respondent/Hospital, who shall perform the Kidney Transplantation as expeditiously as possible.
11. With the above directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Sni To 1.
The Chairman, K.G. Hospital, No.5, Govt. Arts College Road, Coimbatore - 641 018.
2.
The Chairman, The Authorisation Committee (Transplantation), Directorate of Medical Education, 162, Poonamallee High Road, Kilpauk, Chennai - 600 010.
+1cc to M/s.M.Manivasagam Associates, Advocate, S.R.No.43154 +1cc to the State Government Pleader, S.R.No.42979 W.P.No.16811 of 2022 JPL(CO) RLP(06/07/2022)