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BIJU P SIMON v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR.JUSTICE C.S.DIAS

Judgment date:

Case summary

High Court of Kerala judgment dated 2025-03-27. BIJU P SIMON v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

2025:KER:26320 W. P. (C)No. 12644 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C. S. DIAS TH THURSDAY, THE 27 DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12644 OF 2025 PETITIONERS: 1 BIJU P SIMON AGED 48 YEARS S/O P C SIMON, POOVATHINGAL HOUSE, KARNAMKOTT LANE, MADAKKATHARA P. O. , THRISSUR DISTRICT, PIN - 680651 2 SURESH KUMAR AGED 42 YEARS S/O RAJAPPAN, KANNATTUPARAMBIL HOUSE, NEERATTUPURAM PO, THALAVADY, ALAPPUZHA DISTRICT, PIN - 680571 BY ADVS. T. H. RAIHANATH BASIL PAUL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HEALTH DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:26320 W. P. (C)No.

12644 of 2025 2 3 THE DISTRICT LEVEL AUTHORIZATION COMMITTEE FOR TRANSPLANTATION OF HUMAN ORGANS, ERNAKULAM REPRESENTED BY ITS CHAIRMAN, GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P. O. , THRISSUR DISTRICT, PIN - 680596 4 MEDICAL DIRECTOR WEST FORT HOSPITAL, WEST FORT P. O. , THRISSUR DISTRICT, PIN - 680004 GP SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27. 03. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26320 W. P. (C)No. 12644 of 2025 3 C. S. DIAS,J -------------------------------------------- W. P. (C). No. 12644 of 2025 ---------------------------------------------th Dated this the 27 day of March, 2025 JUDGMENT nd The writ petition is filed to direct the 2 respondent to consider and dispose of Ext. P8 appeal, expeditiously. st 2. The 1 petitioner is suffering from chronic kidney disease. He has been advised to undergo nd transplantation. The 2 petitioner has offered to donate his kidney.

Even though the petitioners had rd preferred a joint application before the 3 respondent, the same was rejected by Ext. P7 order. Aggrieved by the Ext. P7 order, the petitioners have preferred Ext. P8 nd appeal before the 2 respondent on 18. 03. 2025. The nd petitioners are apprehensive that the 2 respondent may not consider their appeal, expeditiously. Hence, the writ petition. 2025:KER:26320 W. P. (C)No. 12644 of 2025 4 3. Heard; the learned counsel for the petitioners and the learned Government Pleader. 4. On a consideration of the facts and the materials on record, particularly that Ext. P8 appeal is nd pending consideration before the 2 respondent, without expressing anything on the merits of the nd appeal, I deem it appropriate to direct the 2 respondent to dispose of the appeal, expeditiously. In the said circumstances, I allow the writ nd petition, by directing the 2 respondent to consider and dispose of Ext.

P8 appeal, in accordance with law and as expeditiously as possible, at any rate, within three weeks from the date of production of a copy of the judgment. The writ petition is ordered accordingly. Sd/- C. S. DIAS SCB. 27. 03. 25. JUDGE 2025:KER:26320 of 2025 5 APPENDIX OF WP(C) 12644/2025 PETITIONER EXHIBITS THE TRUE COPY OF CERTIFICATE DATED 12. 02. 2025 BY THE MEDICAL PRACTITIONER WEST FORT HOSPITAL, TRISSUR THE TRUE COPY OF NOTARISED AFFIDAVIT DATED 07. 01. 2025 SWORN BY THE PETITIONERS THE TRUE COPY OF IDENTIFICATION CERTIFICATE OF 1ST PETITIONER DATED 02. 12. 2024 THE TRUE COPY OF FORM 3 APPLICATION SUBMITTED BY THE PETITIONERS DATED 07. 01. 2025 THE TRUE COPY OF FORM II APPLICATION SUBMITTED BY THE PETITIONERS DATED 07. 01. 2025 THE TRUE COPY OF LETTER DATED 14. 01. 2025 ISSUED BY 4TH RESPONDENT TO THE 3RD RESPONDENT THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 13. 02. 2025 THE TRUE COPY OF THE APPEAL SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18. 03.

2025 ALONG WITH E-MAIL RECEIPT

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.