IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 30889 of 2010(I) -------------------------- PETITIONER(S): --------------- NATESAN, AGED 62, S/O.VELAYUDHAN, THAIPARAMBIL HOUSE, (PATTUPARAMBIL), MOSQUE ROAD, MARADU P.O., ERNAKULAM. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD PO, ERNAKULAM. 4. MANOJITH.K.N., AGED 36, S/O.NATESAN, THAIPARAMBIL HOUSE, MOSQUE ROAD, MARADU P.O., ERNAKULAM 682304. ADV. SRI.C.A.CHACKO FOR R-4 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.30889 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF APPLICATION DATED 20/09/2010 TO THE 2ND RESPONDENT. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30889 of 2010 ---------------------------------------- Dated this the 18th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) to issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 and 3 to grant adequate protection for the life and property of petitioner and his mentally retarded son Mahesh. ii) to issue a writ of mandamus or any other appropriate writ order or direction regarding the respondents 2 and 3 to dispose Ext.P1 in a time limit. iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to comply the formalities complied in Rule 20 of the Kerala Maintenance And Welfare of Parents and Senior Citizens Rule 2009. 2. Briefly put, the case of the petitioner is as follows: W.P.C.No.30889 of 2010 2 3. The petitioner is a senior citizen. He has got 3½ cents of property in Sy.No.1019/04 at Maradu Village. 4th respondent is the eldest son of the petitioner. Petitioner's son Mahesh is a mental patient. The 4th respondent manhandled the petitioner and Mahesh and thrown out of petitioner's house. The 4th respondent threatened the life and property of the petitioner and his son. Now the petitioner and his son is residing in bus stand. Petitioner has no other property or building to reside. The petitioner has submitted Ext.P1 complaint to respondents 2 and 3 under Rule 20 of Maintenance and Welfare of Parents and Senior Citizens Rules 2009. There is no action. 4. We have heard the learned counsel for the petitioner, the learned counsel for the 4th respondent and the learned Government Pleader. Since the petitioner has filed Ext.P1 complaint under Rule 20 of the Maintenance and Welfare of Parents and Senior Citizens Rules 2009, we are inclined to direct the second respondent to consider Ext.P1 and take a decision on the same with opportunity of hearing the petitioner and the 4th respondent. W.P.C.No.30889 of 2010 3 5. Accordingly, the writ petition is disposed of directing the second respondent to consider and take a decision on Ext.P1, in accordance with law, with opportunity of hearing to the petitioner and the 4th respondent within a period of six weeks from the date of production of a copy of the judgment before the second respondent. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30889 of 2010 4 W.P.C.No.30889 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010