IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 15377 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- SAJITHA,AGED 55 YEARS, W/O.MUHAMMED, PARAYAM PARAMBIL VEEDU, ANDATHODU, CHAVAKKAD,THRISSUR. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY,THIRUVANANTHAPURAM - 695 001. 2. THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION,THRISSUR - 688 412. 3. HANEEFA,AGED 57,S/O.MOITHUTTY, PERUVAZHIPPURATH, VADUTHALA DESOM,VATTAPPADAM, ANJOORU VILLAGE,THALAPPILLY,THRISSUR - 688 412. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 BY ADV. SRI.C.P.KUNJHIKANNAN, SRI.S.K.MADHU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15377/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DTD. 19/05/2011 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R3A: COPY OF THE FINAL REPORT CRIME NO.110/1995 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM. R3B: COPY OF THE CMP.NO.538/2011 FILED BEFORE THE THRISSUR JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II. /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.15377 OF 2011 ............................................. Dated this the 17th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford protection to the petitioner, for her life and person, to enable her to visit her mother who is residing with the 3rd respondent, her brother. 2. When the matter came up for hearing, the 3rd respondent, who entered appearance through counsel, made a categoric statement that the 3rd respondent has no objection whatsoever against the petitioner visiting his mother. No police protection is necessary. The 3rd respondent shall afford all opportunities for the petitioner to visit her mother, it was submitted. At that stage, the petitioner was not satisfied with that. She further insisted that some others may be permitted to accompany the petitioner. It was submitted that the mother of the petitioner and the 3rd respondent, is seriously ill. We in these W.P.(C).NO.15377 OF 2011 : 2 : circumstances gave the petitioner opportunity to specify persons, who are to accompany her when she visits her mother at the house of the 3rd respondent. 3. Now all sorts of disputes are raised about the identity of the persons who must go with the petitioner to make visit to her mother in the house of the 3rd respondent. Counsel for the 3rd respondent accepts that Shamna, wife of Latheef (he is a son of the petitioner) as well as Shafeer, son of the petitioner, can accompany her when she goes to the house of the 3rd respondent. 4. This petition is allowed and it is directed that the petitioner along with Shamna and Shafeer can visit the mother of the petitioner at the house of the 3rd respondent. If there be any obstruction, respondent No.2 shall afford adequate police protection for the petitioner and the said person to make such visit. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl /true copy/ P.S. to Judge W.P.(C).NO.15377 OF 2011 : 3 :