IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 33191 of 2002(B)
1. P.M.MOHANAN, AGED 35 YEARS, S/O.ADICHAN,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. SECRETARY, DEPARTMENT OF SCHEDULED
4. DIRECTOR, CENTRAL BUREAU INVESTIGATION,
5. CHAIRMAN, AUTHORISATION COMMITTEE OF
6. DIRECTOR, INDIAN MEDICAL COUNCIL,
7. DIRECTOR, NATIONAL HOSPITAL, KOZHIKODE
8. DIRECTOR, BABY MEMORIAL HOSPITAL,
9. DR. ROOBAN GEORGE, NATIONAL HOSPITAL,
10. DR. INDIRA, GYNAECOLOGIST,
For Petitioner :SRI.A.X.VARGHESE
For Respondent :CGSC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :27/01/2009
O R D E R
S. SIRI JAGAN, J.
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O.P.No. 33191 OF 2002
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Dated this the 27th day of January, 2009
JUDGMENT
The petitioner claims to be a victim of unauthorised
removal of his kidney for the purpose of transplantation to
others. The petitioner filed this original petition alleging
complacency on the part of the Government of Kerala and the
police in respect of investigating the complaint properly.
Therefore, the petitioner has filed this original petition seeking
the following reliefs:
“i) Issue a Writ of Mandamus directing the 4th
Respondent to take over the reigns of investigation into
this notorious, kidney transplantation racket case, by
constituting a special investigation team and to book the
culprits and prosecute them in accordance with law.
ii) Issue a Writ of Mandamus directing the 1st
and 2nd Respondents to pay compensation to the
petitioner, worth Rs.10,00,000/- (Ten lakhs) by way of
remedy under public law, and to realize the compensation
amount from the assets of Respondents 7 and 9″.
Admittedly, subsequent to filing of this original petition, the
Government has constituted a committee, who has gone into the
O.P.No.33191/2002 2
matter and a criminal complaint has been filed before the
appropriate Magistrate Court by the competent authority in
which proceedings are going on before the Court. In fact
Criminal M.C. No.11683/2002 in respect of the said case is
pending before this Court. The petitioner’s contention is that
he is not satisfied with the investigation by the local police and
the matter should be entrusted to the C.B.I.
2. I am of opinion that if the petitioner is not satisfied
with the investigation, he can approach the appropriate
Magistrate for appropriate orders regarding the same. As far
as the claim for compensation is concerned, this Court cannot
decide that question in so far as it would require adducing of
evidence to fix the liability as well as quantum. Therefore,
without prejudice to the right of the petitioner to approach the
Magistrate Court for appropriate action in accordance with the
decision of Sakiri Basu V. State of U.P. [2008 (1) KLT
724] and without prejudice to the right of the petitioner to file
appropriate suits for claiming compensation, this original
petition is closed.
S. SIRI JAGAN, JUDGE
Acd
O.P.No.33191/2002 3