IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(Crl.).No. 26 of 2009(S) -------------------------- PETITIONER(S): --------------- M.JOHN-ALIAS-SAJU,AGED 56 YRS, S/O.M.J.MATHEW,MEENCHERAPATT,MULANTHURUTHY.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.BOBY MATHEW SRI.E.T.MATHEW RESPONDENT(S): --------------- 1. DENNIS.M.PAUL,AGED 46 YRS, S/O M.J.MATHEW,CONTINENT TECHNOLOGIES,INDIRA NAGAR KADAVANTHRA,KOCHI-682020. 2. COMMISSIONER OF POLICE, KOCHI. ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(CRL.).26/2009. EXT.R1(A) : TRUE COPY FO REGISTERED WILL DT. 5/6/2003. A. K. Basheer & Thomas P. Joseph, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (Crl) No. 26 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2009. Judgment Basheer, J: Mrs.Annamma Mathew, an 85 year old lady is reportedly staying in a para medical care centre at Kalavoor in Alappuzha district. Petitioner and respondent No.1 are her two children. Petitioner has a grievance that his mother is not getting the right kind of care and attention at the centre where she is now accommodated. Petitioner has a further case that his mother was put in the para medical care centre by respondent No.1 without informing him. 2. Respondent No.1 has of course stoutly denied the above allegations. According to him, the mother is being taken care of quite adequately and she is being attended to by doctors regularly. 3. We do no propose to deal with the other allegations made in the writ petition. Similarly, we also refrain from either referring to or dealing with the averments made by respondent No.1 in his counter affidavit. Suffice it to say that it is unfortunate for the old lady to be at the centre of this controversy at this old age. 4. We have interacted with the petitioner and respondent No.1 on more than one occasion. In fact we advised both of them to sort out the issue so that any kind of ill-will or bitterness which has developed in the relationship between them is removed. 5. It is now brought to our notice that respondent No.1 had in fact visited the petitioner at his residence and had a talk with him. Respondent No.1 had made it clear to us at the first instance itself that he has absolutely no objection, if his elder brother, the petitioner, wants to have a say in the matter of treatment to be given to the mother. WP (CRL.)No.26/09 2 6. It is submitted by the petitioner that there is a good hospital at Mulanthuruthy, a short distance away from his residence and that it will be convenient not only for him but to respondent No.1 also, if the mother is admitted in that hospital. It is further submitted before us that depending on the advice of the doctors of the hospital at Mulanthuruthy, the mother can be given better treatment, if need arises, in one of the hospitals at Ernakulam also. 7. Having regard to the entire facts and circumstances we are satisfied that petitioner can be allowed to take Mrs. Annamma Mathew to the hospital at Mulanthuruthy. At this stage learned counsel for respondent No.1 submits that respondent No.1 will get her discharged and take her to the hospital at Mulanthuruthy within two days from today. The above submission is recorded. We close the writ petition with the hope that the two brothers will bury their hatchet and take care of their mother. A.K. BASHEER Judge Thomas P. Joseph Judge an.