IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(Crl.) No. 93 of 2009(S) ------------------------------ PETITIONERS: ---------------- 1. JOSEPH THOMAS, PULLAVALLIL HOUSE, VARAYANOOR P.O., PULLAD (VIA), THIRUVALLA, PATHANAMTHITTA DISTRICT, NOW EMPLOYED IN ABUDABI, (REP. THROUGH P/A. HOLDER JOSHI JOSEPH, KUZHIYATHU HOUSE, MAMPRA P.O., CHENGANOOR TALUK, ALAPPUZHA DISTRICT. 2. JOSHI JOSEPH, KUZHIYATHU HOUSE, MAMPRA P.O., CHENGANOOR TALUK, ALAPPUZHA DISTRICT. BY MR.M.BALAGOVINDAN, ADVOCATE. MR.T.K.ANANDA PADMANABHAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE HOME SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DGP, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 4. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA. WP(Crl.) No. 93/2009 ...2... 5. SUB INSPECTOR OF POLICE, KOYIPRAM, VARAYANOOR P.O. 6. SUB INSPECTOR OF POLICE, NOORANAD. 7. KOSHI THOMAS, ADVOCATE, PULLAVALIYIL HOUSE, VARAYANOOR P.O., POOVATHOOR (VIA), THIRUVALLA. 8. MEDICAL SUPERINTENDENT, K.C.M.HOSPITAL, NOORANAD P.O., CHARAMOODU P.O., ALAPPUZHA DISTRICT. BY MR. M.M.ALIAS, ADVOCATE, FOR R7. MR.SAJEEV KUMAR K.GOPAL, ADVOCATE, FOR R8. MR. S.V. NAZAR, GOVERNMENT PLEADER. MR. MATHEW KURIAKOSE (MEDIATOR). THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P. BHAVADASAN, JJ. ------------------------------------------- W.P.(Crl)No.93 OF 2009 ------------------------------------------- Dated this the 3rd day of April, 2009. J U D G M E N T Basheer, J. Petitioners and respondent No.7 are present in court. We have interacted with them. Adv. Mathew Kuriakose, the mediator attached to the High Court Mediation Centre is also present. It is heartening to note that the parties who are very close relatives have ultimately decided to forget and forgive. They state before us that they have decided to bury the hatchet, thanks to the commendable efforts taken by Adv.Mathew Kuriakose, the mediator. 2. We are informed that Mrs.Daisy Thomas, the mother of petitioner No.1 and respondent No.7 is still in K.C.M Hospital, Nooranad where she was admitted on 28.11.2008. Sr.Elsitta Theresa representing the said hospital had appeared before us on 11.03.2009 and informed that Mrs.Daisy Thomas is undergoing treatment in the psychiatric ward of the hospital. She had further W.P.(Crl)No.93/09 2 informed us that the patient could not be discharged from the hospital straight way. 3. Petitioners and respondent No.7 submit before us that their primary concern is the wellbeing of Mrs.Daisy Thomas. If and when the doctor treating Mrs.Daisy Thomas certifies that she is fit to be discharged from the hospital, she would be taken to the Tharavad house. They further submit that the petitioners and respondent No.7 will share the medical expenses of Mrs.Daisy Thomas. It is also undertaken by them that none of them will cause any obstruction or raise any objection as regards the visit of the other to see the mother either at the hospital or at the Tharavad house. The above undertaking is recorded. Petitioners further submit that they are prepared to meet all other expenses of Mrs.Daisy Thomas. 4. We have spoken to the petitioners and respondent No.7 at length. It appears that the present ill-feeling has arisen only because of lack of communication. We told the parties that the old lady has to be allowed to spend her last days in peace and to see her near and dear ones around her till her death. Petitioners and respondent No.7 assure us that this will be done. W.P.(Crl)No.93/09 3 In view of the above facts and circumstances and also in view of the intervening developments, we do not deem it necessary to issue any orders or directions in this writ petition. This writ petition is closed recording the submissions and undertakings of the parties. A.K. BASHEER, JUDGE. P. BHAVADASAN, JUDGE. smp W.P.(Crl)No.93/09 4 A.K. BASHEER & P. BHAVADASAN, JJ. W.P.(Crl)No.93 OF 2009 J U D G M E N T 03.04.2009