IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5821 of 2010(C) ------------------------------------------------- PETITIONER(S): ---------------------- K.P.THAMPI ALIAS, HAEMENTH, S/O.PADMANABHAN, KUNNUMGAL HOUSE, CHANGAMPUZHA NAGAR P.O., KALAMASSERY. BY ADV. SRI.LAL GEORGE SRI.ANN SUSAN GEORGE RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE, KOCHI CITY. 3. DISTRICT COLLECTOR, ERNAKULAM. 4. STATION HOUSE OFFICER, ERNAKULAM NORTH TOWN POLICE STATION, ERNAKULAM. 5. K.N.BABU, KIZHAKECHIRAYIL HOUSE, CHALUKUNNU, KOTTAYAM-686 001. R1 TO R4 BY GOVERNMENT PLEADER SHRI P. N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 5821 OF 2010 C --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to harass the petitioner in any manner in the matter of custody or entrustment of articles left by the late Lathakumari, which are kept at building bearing Corporation No.45/1859-A, Thrikanarvattom Desom or in the custody of police. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to refrain from entrusting the custody of the articles left by the deceased Latha Kumari with the petitioner. iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to give custody of the articles left by late WPC.5821 OF 2010 C 2 Latha Kumari with the 5th respondent, who is none other than her husband.” 2. Briefly put, the case of the petitioner is as follows: Petitioner has got one brother and eight sisters. His eldest sister Latha Kumari committed suicide on 2.2.2010, while residing with her husband, the fifth respondent. For the past many years, the petitioner, his brother and sisters have no contact or connection with the said Latha Kumari. After locating the relatives by the police, the petitioner was summoned to the General Hospital to identify the dead body. It is stated that Ext.P1 rent deed was executed by her husband and in Exts.P2, P3 and P4 Insurance Policies, the name of the husband (fifth respondent) is shown as the nominee. Petitioner or his sisters are not prepared to take custody of the articles left by late Latha Kumari. It is stated that the police is compelling the petitioner to take custody of the articles left by late Latha Kumari and the police and fifth respondent have colluded together to see that the name of the fifth respondent does not WPC.5821 OF 2010 C 3 appear in any of the records or in any legal issue regarding the suicide of late Latha Kumari. 3. Learned Government Pleader on instructions submits that the petitioner will not be compelled to take custody of the articles belonging to late Latha Kumari. He further submits that the articles have been entrusted with the Revenue Divisional Officer, Fort Cochin. We record the submission and dispose of the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge