IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21394 of 2011(Y) ------------------------------- PETITIONER(S): ----------------- 1. CHITRANGATHAN.C.P.,S/O.PADMANABHAN(LATE) AGED 52 YEARS 'GAYATRI', MAYITRA POST, KANJIKUZHI, CHERTHALA, ALAPPUZHA. 2. GAYATRI.C.C.,D/O.CHITRANGATHN, AGED 22 YEARS, 'GAYATRI', MAYITRA POST, KANJIKUZHI, CHERTHALA, ALAPPUZHA. 3. ASWATHI, D/O.CHITRANGATHN, AGED 19 YEARS, 'GAYATRI', MAYITRA POST, KANJIKUZHI, CHERTHALA, ALAPPUZHA. BY ADV. SRI.DENIZEN KOMATH SRI.C.V.JOSEPH (CHELAKKATT) RESPONDENT(S): ------------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA-688 001. 2. CIRCLE INSPECTOR OF POLICE, MARARIKULAM CIRCIE, ALAPPUZHA-688 542. 3. SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, ALAPPUZHA-688 525. 4. BALAKRISHNAN, VADAKKEDATH SHAJI BHAVAN, KUMBALAM, ERNAKULAM. 5. PRADEEP, S/O.BALAKRISHNAN, VADAKKEDATH SHAJI BHAVAN, KUMBALAM, ERNAKULAM-671321 GOVT. PLEADER SMT.C.M.CHARISMA SRI.C.V.JOSEPH (CHELAKKAT) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21394 of 2011(Y) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS 2 AND 3 BEFORE THE 3RD RESPONDENT DATED 08/06/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21394 of 2011 ------------------------------------------------ Dated this the 11th day of August, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the first petitioner/husband and petitioners 2 and 3 his children in his first wife seeking protection against respondents 4 and 5 father and brother respectively of the first petitioner's second wife one Rajeswari Amma from threats on the life and limb of the petitioners and also for enabling the petitioners to render proper medical aid and treatment to Sri.Rajeswari Amma who is said to be mentally ill. The learned Government Pleader submitted before us on the basis of instructions that on receiving the complaint submitted by the first petitioner the parties were summoned and respondents 4 and 5 agreed that they will take W. P. C. No.21394 of 2011 -2- Rajeswari Amma to their house and that Rajeswari Amma will be provided with all necessary treatment for her ailments. Accordingly Rajeswari Amma is presently staying along with respondents 4 and 5. 2. Sri.Denizen Komath, the learned counsel for the petitioners submitted that instead of getting Rajeswari Amma treated by competent Doctors the 4th and 5th respondents are conducting Poojas and taking her to certain persons who are not competent to treat for mental ailments. The result according to the petitioners is that Smt.Rajeswari Amma continues to be mentally ill. 3. We enquired of Sri.Denizen Komath as to whether his client will be prepared to pay whatever bill arising in the course of medical treatment given to Smt.Rajeswari Amma, his answer was in the positive. Counsel for respondents 4 and 5 also submitted that his clients are ready to give treatment to Smt.Rajeswari Amma as suggested by the W. P. C. No.21394 of 2011 -3- petitioners if the bill will be paid by the first petitioner. We record the submission. As for the protection for life sought for, we are of the view that now that Rajeswari Amma has been taken to the house of respondents 4 and 5, it is not necessary to afford any such protection. 4. The Writ Petition is disposed of recording the assurance given to us by counsel for respondents 4 and 5. It is open to the petitioners to inform respondents 4 and 5 of the hospital or Doctor where Smt.Rajeswari Amma should be taken for treatment within seven days from today. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.21394 of 2011 -4-