IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(Crl.).No. 28 of 2010(S) ----------------------------------------------- PETITIONER(S): ---------------------- JOHNY, AGED 55 YEARS, KAITHARATH HOUSE, THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK, IRINJALAKKUDA. BY ADV. SRI.P.K.ANIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, IRINJALAKKUDA. 3. JACOB, AGED 62 YEARS, DIRECTOR, DIVYA KARUNYA ASRAMAM, ABHAYA CHARITABLE TRUST, KALLETUMKARA, MUKUNDAPURAM TALUK, IRINJALAKKUDA. R1 & R2 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN R3 PARTY IN PERSON. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL). NO. 28 OF 2010 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER'S DAUGHTER DATED 20.12.2009. RESPONDENTS' EXHIBITS: NIL // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 28 OF 2010 S --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks the following reliefs: “a) Issue a writ of habeas corpus or any other appropriate writ, order or direction, commanding the 2nd respondent to search and produce the body of the petitioner's mother's sister, namely “Thandamma” before this Court and set her at liberty. b) Declare that the detention of the detenu by the 3rd respondent is illegal and violative of the fundamental rights.” 2. Briefly put, the case of the petitioner is as follows: The third respondent is the Director of Divya Karunya Asramam under the Abhaya Charitable Trust. The said Charitable Trust is running an Orphanage for the aged people and also is running a hospital. It is stated that the petitioner's WP(CRL).NO. 28 OF 2010 S 2 mother's sister, namely Smt. Thandamma, aged eighty years was staying with the petitioner and she started showing some signs of mental imbalance and she was admitted in the Divya Karunya Asramam managed by the third respondent. Thereafter, it is the case of the petitioner that he went on 20.12.2009 to the Asramam along with his daughter to bring back Smt. Thandamma. It is his further case is the third respondent threatened the petitioner and his daughter and used abusive words and told him that he will not allow the petitioner and his daughter to take back Smt. Thandamma from the Asramam. It is stated that there are complaints against the running of the Asramam by persons residing near the Asramam. A complaint was filed as Ext.P1. 3. Today, Smt. Thandamma was produced before us. We heard the leaned counsel for the petitioner. We interacted with the alleged detenu, the petitioner as also the third respondent Shri Jacob, who was personally present. The alleged detenu would submit that she is not under any illegal detention by the WP(CRL).NO. 28 OF 2010 S 3 third respondent, and that she is not desirous of going with the petitioner. Of course, she has no objection in the petitioner or other relatives coming and visiting her. The third respondent has also no objection in the petitioner or the other relatives of Smt. Thandamma coming and visiting. In view of the fact that there is no case made out of illegal detention, we see no reason why we should permit the petitioner to pursue with this Writ Petition. Accordingly, the Writ Petition is dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge