IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23383 of 2008(H) -------------------------- PETITIONER: ------------ 1. SEENA, W/O.JOSE, AGED 37 YEARS, KALATHIKUNNEL HOUSE, KALLADIKODE.P.O, PALAKKAD DISTRICT. 2. K.V.JOSE, AGED 44 YEARS,S/O.VARGHESE, KALATHIKUNNEL HOUSE, KALLADIKODE.P.O, PALAKKAD DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. SUB-INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA, IDUKKI DISTRICT. 2. SUB-INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD.P.O, PALAKKAD. 3. MARIYAKUTTY, AGED 84 YEARS, W/O.VARGHESE, KALATHIKUNNEL HOUSE, KALLADIKODE.PO, PALAKKAD DISTRICT. 4. THOMAS, S/O.VARGHESE, AGED 40 YEARS, KALATHIKUNNEL HOUSE, KALLADIKODE.P.O, PALAKKAD DISTRICT. 5. THOMAS, S/O.GEORGE, 50 YEARS, PULIKOTTIL HOUSE, DHONI-P.O, KADAMANKALAM, MANNARKKAD VIA-PALAKKAD. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.23383 OF 2008 ----------------------------------------------------- DATED THIS THE 5th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are husband and wife. The second petitioner is a liquor addict. He was undergoing de-addiction treatment in S.H.Hospital, Painkulam. While so, the brothers and mother of the second petitioner moved the Judicial First Class Magistrate's Court, Thodupuzha alleging that the second petitioner is illegally detained in the hospital. The learned Magistrate issued a warrant for the production of the second petitioner. As per Exhibit P1 proceedings, the learned Magistrate, on his production, ordered his release. The petitioners submit, respondents 3 to 5 want to see the second petitioner remain as an alcohol addict so that they can enjoy the income from the assets of the said petitioner. That is why they moved the Magistrate's Court and got him released from the hospital, it is submitted. Later, when the petitioners approached the hospital, they were not willing to admit the second petitioner for treatment. In the above background, the petitioner filed Exhibits P3 and P4 representations before the police and thereafter this Writ W.P.(C)No.23383/08 -2- Petition is filed seeking the following reliefs. (i) Issue a writ of mandamus directing respondents 1 and 2 to provide adequate police protection to the lives of the petitioners to complete the treatment of the 2nd petitioner for de-addiction at S.H.Hospital, Painkulam without any kind of nuisance, hindrance, interferences, disturbances and obstruction from the part of the respondents 3 to 5 and their men. (ii) Issue a writ of mandamus directing the respondents 1 and 2 to see that the 2nd petitioner's treatment at S.H.Hospital, Painkulam is fully completed peacefully and without any interference from the part of respondents 3 to 5. The hospital authorities are not willing to admit the second petitioner. That is why he could not get treatment. Therefore, the above prayers are plainly untenable in the light of the pleadings in the Writ Petition. Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn