IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(Crl.) No. 420 of 2008(S) --------------------------------- PETITIONER: ---------------- VIJAYAN, AGED 51 YEARS, S/O. JOHNSON, BETHEL BHAVAN, UZHRIYACODE, KONNIYOOR, PERUMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENTS: ------------------ 1. DR.SUMOM, D/O. JNANABAI, AGED 49 YEARS, G.S.BHAVAN, MULAYARA, CHERUKKOTTU, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. 2. GEORGE, S/O. SELVANOSE, AGED 56 YEARS, G.S.BHAVAN, MULAYARA, CHERUKKOTTU, VILLAPPILL VILLAGE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, VILLAPPILLSALA POLICE STATION, VILLAPPILLSALA, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. SRI.V.SURESH FOR R1 SRI.G.SUDHEER FOR R1 SRI. N. SUBRAHMANIAN, MEDIATOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl).No.420/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CANCELLATION DEED No.4175/08 EXECUTED BY DETENUE. EXT. P2 & P2(a) : COPY OF COMPLAINT DATED 4.11.2008 SUBMITTED BY PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION & RECEIPT DATED 4.11.2008. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No. 420 OF 2008 ------------------------------------------ Dated this the 18th day of November, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed praying for a direction to respondents 3 and 4 to produce the mother of the petitioner, Jnanabai, before this Court. The allegation is that respondents 1 and 2 have illegally detained her. Admittedly, the mother is with the first respondent-Sumom since 05.08.2008. Pursuant to our order dated 14.11.2008, the mother has been produced by the first respondent. Usha, another sister of the petitioner, is present. Petitioner also is present. 2. Sumom and Usha submit that the mother is staying with the first respondent on her own free will and she is comfortable there. But, it is stated in the writ petition that even Usha was not in a position to find out the mother. Usha, who is personally before us, submits that the statement is absolutely false and that W.P.(Crl) No. 420/08 2 she has no problem in visiting her mother who is now residing with the first respondent. 3. It is also brought to our notice that the first respondent has filed a partition suit and the petitioner has admittedly received notice in the suit. But, that aspect is suppressed in the writ petition. The petitioner, who is present before us, is apparently more concerned about the alleged steps taken by the first respondent to get the documents executed by his mother in his favour cancelled. Admittedly, the petitioner has filed a suit as O.S.No.180/2008 before the Sub Court, Nedumangad to set aside the cancellation. That also is suppressed in the writ petition. Apparently, the poor lady has been harassed. The veiled motive of the petitioner is to put pressure on the first respondent and the detenue. 4. We had the assistance of Adv.Sri.N.Subrahmanian as Conciliator. It is ascertained by the learned Conciliator also that the mother is staying with the first respondent on her own free will and that the first respondent's sister Usha has no problem to visit the mother. It is also submitted that the first respondent W.P.(Crl) No. 420/08 3 and her sister Usha have no problem in the petitioner visiting their mother. This writ petition is nothing but an abuse of the process of the court if not a misuse. There is absolutely no merit in the writ petition. Accordingly, this writ petition is dismissed imposing a cost to the tune of Rs.10,000/- (Rupees ten thousand only) on the petitioner. The amount shall be paid by the petitioner to the first respondent. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl) No. 420/08 4 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl) No. 420 OF 2008 J U D G M E N T 18.11.2008