IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 15507 OF 2022
PETITIONERS:
1 SHAJI.M.P.,
AGED 60 YEARS
S/O. BALAKRISHNAN, MANDAKATHU HOUSE, KIZHAKKANCHERRY
(P.O), ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 684.
2 LOHITAKSHI,
AGED 58 YEARS
W/0. SHAJI.M.P, MANDAKATHU HOUSE, KIZHAKKANCHERRY (P.O),
ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 684.
BY ADV NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 THE SUPERINTENDENT OF POLICE,
PALAKKAD, PIN- 678014.
3 DEPUTY SUPERINTENDENT OF POLICE,
ALATHUR, PALAKKAD DISTRICT, PIN-678541.
4 THE CIRCLE INSPECTOR OF POLICE,
WADAKKANCHERRY POLICE STATION, WADAKKANCHERRY, PALAKKAD
DISTRICT, PIN-680 582.
5 THE SUB INSPECTOR OF POLICE,
WADAKKANCHERRY POLICE STATION, WADAKKANCHERRY, PALAKKAD
DISTRICT, PIN-680 582.
6 KRISHNAN,
AGED 64 YEARS
WP(C) NO. 15507 OF 2022 2
RESIDING AT "KEERTHI", KUNNATHOORMEDU, PALAKKAD, PIN-
678013.
7 USHA,
AGED 63 YEARS
W/O. KRISHNAN, RESIDING AT "KEERTHI", KUNNATHOORMEDU,
PALAKKAD, PIN-678013.
8 MOLLY,
AGED 59 YEARS
W/O. SREEKANTA PRASAD, CHERUKUNNINMMEL HOUSE, BHARATHAN
BAZAR, CHELAVOOR (P.O), KOZHIKODE DISTRICT, PIN-678013.
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
OTHER PRESENT:
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15507 OF 2022 3
JUDGMENT
This writ petition is filed seeking directions to the respondents 4 and 5 not to harass the petitioners and for a direction commanding the respondents 2 and 3 to ensure that the petitioners are not harassed at the hands of the respondents 4 and 5.
2. Respondents 4 and 5 in this writ petition are the Circle Inspector of Police and the Sub Inspector of Police respectively.
3. It is contended by the learned counsel for the petitioners that 1st petitioner's mother was the owner of the property and that at the instance of respondents 7 and 8, who are the 1st petitioner's sisters, the 4th and 5th respondents are harassing the petitioners, on the ground that their mother is not being properly looked after by them.
4. The learned Government Pleader submits that on receiving a complaint by respondents 7 and 8, the petitioners had been summoned to the police station only to verify as to the complaint received from respondents 7 and 8.
WP(C) NO. 15507 OF 2022 4
5. Respondents 6 to 8 have also filed a counter affidavit. It is stated that the mother of the 1st petitioner and respondents 7 and 8 is a senior citizen aged 84 years and that the property had been gifted by the mother to the petitioners on the assurance that they shall provide the aged mother with basic amenities and shall look after her. It is submitted that the mother has approached the Senior Citizen Maintenance Tribunal, Palakkad seeking cancellation of gift deed. It is submitted that the writ petition is filed only on experimental basis as part of pressure tactics to make the mother to withdraw the case preferred before the Senior Citizen Maintenance Tribunal, Palakkad. It is further submitted that Section 24 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 empowers the police to make enquries to ensure proper care and treatment of a senior citizen. Having considered the contentions advanced, I notice that the allegations are with regard to the welfare of a senior citizen. Since the matter is now admittedly pending before the tribunal, I am of the opinion that it is for the tribunal to take an appropriate decision in the matter. Even though, it is open to the police and social workers to WP(C) NO. 15507 OF 2022 5 make inspections and visits to ensure the well being of the senior citizen, since the matter is gaining to attention of the tribunal, I am of the opinion that the respondents would not be justified in requiring the attendance of the parties at the police station. The contentions are left open to be considered by the tribunal in accordance with law. The petitioners shall not be summoned to the police station. However, due visit can be conducted in strict compliance with Rule 20(2)(ii) of the Maintenance and Welfare of Parents and Senior Citizen Rules, 2009.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska WP(C) NO. 15507 OF 2022 6 APPENDIX OF WP(C) 15507/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE COMPLAINT SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.04.2022 ALONG WITH THE RECEIPT.
Exhibit P2 TRUE PHOTO COPY OF THE COMPLAINT SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.04.2022 ALONG WITH THE RECEIPT.
RESPONDENT EXHIBITS Exhibit R7(A) TRUE COPY OF THE NOTICE ISSUED BY THE SENIOR CITIZEN MAINTENANCE TRIBUNAL, PALAKKAD DATED 28/05/2022 IN M.T. 72/2022