IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 23907 of 2004(U) -------------------------- PETITIONER(S): --------------- MEENAKSHI, AGED 70 YEARS, W/O. LATE SREEDHARA PANICKER, KIZHAKKUMKARA PUTHENVEEDU, PANNIKKONAM, PANANGAD NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJESH RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, THE MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE DEPUTY SECRETARY, NON-RESIDENT KERALITES AFFAIRS DEPARTMENT (NORKA), THIRUVANANTHAPURAM. 3. THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. 4. THE DIRECTOR GENERAL OF POLICE, (LAW AND ORDER), THIRUVANANTHAPURAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGADU. MR.T.K.ARAVIND KUMAR BABU, GOVERNMENT PLEADER FOR R5 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23907/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 02/02/2004 BEFORE THE CHIEF MINISTER OF KERALA. P2 : COPY OF LETTER NO.664/A3/D4/NORKA DATED 09/07/2004 ISSUED BY R2. P3 : COPY OF LETTER DUBA / CONS / 405/13/02 DATED 04/07/2004 FORWARDED FROM CONSULATE GENERAL OF INDIA TO PETITIONER ALONG WITH EXT.P2. P4 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER'S SON BEORE R3 ON 05/08/2004. P5 : COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE R4 ON 06/08/2004. P6 : COPY OF REPORT APPEARED IN PAGE NO.8 OF MATHRUBHUMY DAILY DATED 07/08/2004. P7 : COPY OF REPORT APPEARED IN PAGE NO.2 OF MATHURBHUMY DAILY DATED 08/08/2004. jg //TRUE COPY// PA TO JUDGE. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23907 of 2004 (U) --------------------------------- Dated, this the 22nd day of October, 2010 J U D G M E N T Prayer sought in the writ petition is to direct the respondents to enquire into the circumstances under which the dead body of the petitioner's daughter was brought to India unaccompanied by any official documents and intimation. The petitioner also seeks a direction for an enquiry into the cause of death of her daughter. 2. It is stated that the petitioner's daughter Ms.Meenakumari was employed in Dubai. In August, 2004, representatives of the Pravasi Malayali Development Society brought the dead body of her daughter and requested the petitioner to receive the corpse. According to the petitioner, since there was no official intimation, she refused to receive the coffin. Thereafter the petitioner approached respondents 3 to 5 requesting them to identify the body and to enquire into the circumstances in which the dead body was brought without any official documents or intimation. There was no response to the representations. It was in WP(C) No.23907/2004 -2- these circumstances, the writ petition has been filed. 3. This Court by order dated 18/08/2004 directed that if the petitioner moves the competent authority for release of the dead body of her daughter, the same can be released to her in accordance with law. Learned Government Pleader submits that on the basis of the interim order, request was made and accordingly, the dead body was released by the petitioner. 4. From the statement filed by the 5th respondent, it is seen that in August, 2004, the 5th respondent informed the Circle Inspector that the Pravasi Malayali Development Society approached the Police Station complaining that the dead body of the petitioner's daughter, who died in Dubai on 13/01/2004, was not accepted by her mother and brother. It is stated that thereafter on the directions of the Dy.S.P., though the Police Officers attempted to perceive the petitioner to accept the dead body, she refused to accept it, and accordingly, the dead body was taken to the Medical College and was kept in the Mortuary. 5. In so far as the enquiry that is sought for by the petitioner is concerned, the statement filed by the 5th respondent reveals that Crime No.293/2004 on the basis that the death was on WP(C) No.23907/2004 -3- account of suicide, was registered in Dubai and inquest was held there. In that view, now that the cause of death of the petitioner's daughter was a case for the Dubai Police to enquire into, an order as sought for in the writ petition is unnecessary. 6. In so far as the circumstances under which the body was brought to the petitioner's place unaccompanied by any official documents and intimation is concerned, the petitioner has not disclosed about the official documents and other intimation, which according to her, are required to have accompanied the dead body. Facts of the case show that although death had occurred in January, 2004, the dead body apparently was lying unclaimed in Dubai and the Voluntary Organisation took initiative to bring the dead body to India to give a decent homage. In such circumstances, I do not think that the Organisation which showed generosity in bringing the dead body to the native country should now be taken to task on a complaint made at this distance of time. Therefore, I am not persuaded to pass any further orders in the matter. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg