Kerala High Court
Shajahan Y vs The District Police Chief on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 13109 OF 2021
PETITIONERS:
1 SHAJAHAN Y.
AGED 54 YEARS
S/O.YOUSUF KUNJU,
KIZHAKKEVILAYL HOUSE, VENGA P.O.,
SASTHAMCOTTA, KOLLAM 690 521
2 MOHAMMED ASHRAF.Y
S/O.YOUNOUS KUNJU,
PERUMPALLIYIL PUTHENVEEDU, VENGA P.O.,
SASTHAMCOTTA, KOLLAM 690 521
3 NIZAR.P
S/O.POOKUNJU, KODIYATTAMVILA VEEDU,
VENGA P.O, SASTHAMCOTTA, KOLLAM 690521
4 NOUSHAD.E
S/O.EBRAHIMKUTTY, KADUVINKARA PUTHEN VEEDU, VENGA
P.O, SASTHAMCOTTA, KOLLAM 690521
5 MAYA.R
MAYA BHAVANAM, KIZHAKKEVILAYIL, VENGA P.O,
SASTHAMCOTTA, KOLLAM 690521
6 SHAFEEK.S
S/O.SHARAFUDEEN, EDEYALAKAOOR VEEDU,
VENGA P.O, SASTHAMCOTTA, KOLLAM 690521
WP(C) NO. 13109 OF 2021
-: 2 :-
7 POOKUNJU.A
S/O.ABDUL KHARIM, NOUSHAD MANZIL,
VENGA P.O, SASTHAMCOTTA, KOLLAM 690521
BY ADVS.
K.SIJU
S.ABHILASH
S.REKHA KUMARI
S.SEETHA
ANJANA KANNATH
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA P.O.,
KOLLAM DISTRICT - 691 506
2 THE STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION,
SASTHAMCOTTA P.O., KOLLAM 690 521
3 THE DISTRICT MEDICAL OFFICER,
DMO OFFICE, 2ND FLOOR, CIVIL STATION,
KOLLAM 691 013
4 DISTRICT SOCIAL JUSTICE OFFICER
DISTRICT SOCIAL JUSTICE OFFICE,
CIVIL STATION, KOLLAM 691 013
* ADDL. RESPONDENTS 5 TO 8
5 SMT.AMINA UMMA, AGED 73 YEARS, PERUMPALLY
THEKKATHIL, VENGA PO, SASTHAMCOTTA, KOLLAM -
690521.
WP(C) NO. 13109 OF 2021
-: 3 :-
6 SUBAIDA BEEVI, AGED 56 YEARS, PERUPALLY
THEKKATHIL, VENGA PO, SASTHAMCOTTA, KOLLAM -
690521.
7 JAMALUDEEN, AGED 41 YEARS, PERUMPALLY
THEKKATHIL, VENGA PO, SASTHAMCOTTA, KOLLAM -
690521.
8 LAILA BEEVI
AGED 40 YEARS, PERUMPALLY THEKKATHIL, VENGA
PO, SASTHAMCOTTA, KOLLAM - 690521.
* [ADDL. RESPONDENTS 5 TO 8 ARE IMPLEADED IN THIS WRIT
PETITION AS PER ORDERS OF THIS COURT ON IA 1/2021 DATED
02.08.2021]
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.S.APPU, GOVERNMENT PLEADER
SMT.SATHYASREE PRIYA EASWARAN
SRI.V.RAMKUMAR NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.13109 of 2021
==================
Dated this the 2nd day of August, 2021
JUDGMENT
The writ petition is filed seeking the
following reliefs:-
"i) To issue a writ of mandamus commanding the
respondents 1 and 2 to initiate proceedings under
Sec.100 & 101 of Mental Healthcare Act, 2017
and Sec.47 of Kerala Police Act to protect the
inmates in the house of Smt.Amina Umma,
Perumpally Thekkathil, Venga PO, Sasthamcotta
with immediate effect.
ii) To direct the respondents 3 and 4 to take
urgent steps to provide adequate medical
attention to the inmates of the house of Smt.Amina
Umma pursuant to Ext.P1 and P2 reports of the
Health Inspector, Mynagappally.
iii) To pass such other reliefs that this Hon'ble
Court deems fit and proper in facts and
circumstances of the case."
2. The petitioners are the neighbouring
residents of Smt.Amina Umma referred to in the
W. P. (C) No.13109 of 2021
relief portion extracted above. The petitioners
allege that Amina Umma suffers from mental ailments
and is left without adequate care and treatment.
They rely on Exts.P1 and P2 reports of the Health
Inspector, Community Health Centre to substantiate
their claim.
3. The second respondent Station House Officer,
as per a statement filed before this Court, has
submitted that, on an earlier occasion she was
taken to Gandhi Bhavan, Pathanapuram for treatment,
but was taken back home by her elder daughter,
forcefully. It is pointed out that, presently, a
report regarding the condition of Smt.Amina Umma
has been submitted before the jurisdictional
Magistrate viz. Judicial First Class Magistrate,
Sasthamcotta and that further steps pursuant
thereto are going on and orders are awaited. It is
pointed out that Smt.Amina Umma is bedridden and
hence a psychiatrist needs to examine her at her
residence to ascertain her status.
4. Though Section 101 of the Mental Health Care
Act 2017 states production of the subject before
W. P. (C) No.13109 of 2021
the Magistrate, in the circumstances noticed, that
is, if the subject is bedridden or is not capable
of being produced before the Magistrate, it would
be open for the learned Magistrate to enter his
satisfaction in terms of Section 101(3) on the
basis of reports to be obtained by him from the
police as well as medical experts.
5. The Judicial First Class Magistrate,
Sasthamcotta who is seized of the issue shall take
necessary steps and pass appropriate orders in the
light of Sections 101 and 102 of the Mental Health
Care Act 2017.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C) NO. 13109 OF 2021
APPENDIX
PETITIONER'S EXTS:-
EXT.P1 THE COPY OF REPORT SUBMITTED BY THE HEALTH
INSPECTOR, COMMUNITY HEALTH CENTRE, MYNAGAPPALLY
DATED 16.01.2021.
EXT.P2 THE COPY OF REPORT OF THE HEALTH INSPECTOR,
COMMUNITY HEALTH CENTRE, MYNAGAPPALLY DATED
17.06.2021.
EXT.P3 THE COPY OF PETITIONSUBMITTED BY THE DAUGHTER IN LAW
OF THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT AND
ITS RECEIPT DATED 09.01.2021.
EXT.P4 THE COPY OF COMPLAINT FILED BEFORE THE 1ST
RESPONDENT DATED 06.01.2021 ALONG WITH THE POSTAL
ACKNOWLEDGMENT CARD.
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