Kerala High Court
Dr.Kailas Natarajan vs The District Police Chief on 9 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS.JUSTICE M.R.ANITHA
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
R.P.No.203 OF 2021 IN W.P(Crl.).309/2020-S
AGAINST THE JUDGMENT IN W.P(Crl.)NO.309/2020 DATED 20.01.2021
OF HIGH COURT OF KERALA
REVIEW PETITIONER/ PETITIONER:
DR.KAILAS NATARAJAN, AGED 52 YEARS,
S/O. NATARAJAN,
RESIDING AT KALPAKAM, FFRA-03A,
S.N.COLLEGE JN., KOLLAM DISTRICT - 691001.
BY ADVS.
SRI.S.SUDHEESHKAR
SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENTS/ RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
ALAPPUZHA DISTRICT - 688012..
2 STATION HOUSE OFFICER,
NOORNAD POLICE STATION, NOORNAD,
ALAPPUZHA DISTRICT - 690530.
3 MADHUSOODANAN. V.,
MUNDAKOTTU ILLAM, MEKKUM MURI,
THAMARAKULAM VILLAGE, MAVELIKARA TALUK,
ALAPPUZHA DISTRICT - 690530.
4 PRIYA, W/O. MADHUSOODANAN. V.,
MUNDAKOTTU ILLAM, MEKKKUM MURI,
THAMARAKULAM VILLAGE, MAVELIKARA TALUK,
ALAPPUZHA DISTRICT - 690530.
5 SREEKALA, W/O. GOPINATHAN,
MUNDAKOTTU ILLAM, MEKKUM MURI,
THAMARAKULAM VILLAGE, MAVELIKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690530.
RP.203/2021 in - 2 -
WP(Crl).309/2020
6 ADDL.R6 THE DISTRICT POLIE CHIEF,
KOLLAM CITY, KOLLAM - 691001.
R1, R2 & R6 BY SENIOR GOVT.PLEADER SRI.K.B.RAMANAND
R3-R5 BY ADV. SRI.K.SURESH BABU (PUNALUR)
R3-R5 BY ADV. SMT.BHANU THILAK
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
09.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.203/2021 in - 3 -
WP(Crl).309/2020
K. Vinod Chandran & M.R. Anitha, JJ.
-------------------------------------------------
R.P.No.203 of 2021 in W.P (Crl) No.309 of 2020-S
-------------------------------------------------
Dated, this the 09th day of March, 2021
ORDER
Vinod Chandran, J.
The review petition has been filed since the
Hon'ble Supreme Court had observed in Annexure-2 order
in a Special Leave Petition filed against our judgment
that there is no clear categorical finding that the
alleged detenue has been illegally detained by her
parents.
2. We notice that the contention of respondents
3 and 4, the father and mother, when the writ petition
was heard, was that there is no illegal detention and
they are trying to provide psychiatric treatment to
their daughter. We had interacted with the alleged
detenue and also the parents before passing the
judgment. We were of the opinion that the daughter of
the respondents 3 and 4 was not capable of taking a
decision for herself and that in her present mental
RP.203/2021 in - 4 -
WP(Crl).309/2020
condition the parents are the best persons to address
the situation. In the context of the mental condition
of the alleged detenue, we were of the opinion that she
was not under any illegal detention of her parents. We
omitted to specifically record the same. The learned
Counsel for the party respondents 3 and 4 also submit
that as of now their daughter is happy with them.
3. In the review petition there are a number of
e-mail messages produced which, we see, are forwards by
the petitioner to his Advocate, of e-mails allegedly
sent by the daughter of respondents 3 and 4. We are
also of the opinion that no reliance can be placed on
e-mail communications, the source of which is not
verifiable. Even in the writ petition there were such
e-mails produced. Having talked to the alleged detenue
and the parents, we were of the clear opinion that
there is no illegal detention as alleged and the
daughter of the respondents 3 and 4 has issues
requiring medical help, to facilitate which the parents
are the best suited.
RP.203/2021 in - 5 -
WP(Crl).309/2020
Accordingly, we dismiss the review petition
finding that there is no illegal detention as alleged
in the writ petition.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
Vku/-
RP.203/2021 in - 6 -
WP(Crl).309/2020
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 THE COPY OF THE ORDER DATED 20.01.2021 IN
WP(CRL)NO.309 OF 2020.
ANNEXURE 2 THE TRUE COPY OF THE ORDER DATED 01.02.2021
IN SLP (CRL) NO. 877/2021.
ANNEXURE 3 THE TRUE COPY OF THE E-MAIL MESSAGE SENT TO
THE PETITIONER BY MS.LEKSHMI DATED 19.09.2020.
ANNEXURE 4 THE TRUE COPY OF THE E-MAIL DATED 17.09.2020
SENT TO THE PETITIONER BY MS.LEKSHMI
REQUESTING TO SAVE HER.
ANNEXURE 5 THE TRUE COPY OF THE E-MAIL DATED 14.09.2020
SENT TO THE PRINCIPAL BY MS.LEKSHMI,
REQUESTING CHANGE OF TIMING OF TEST TO
FACILITATE DAILY SPIRITUAL PRACTICE.
ANNEXURE 6 THE TRUE COPY OF THE E-MAIL DATED 08.01.2021,
SENT TO THE PETITIONER BY MS.LEKSHMI DETAILING
THE ILLEGAL DETENTION AND HARASSMENT.
ANNEXURE 7 THE TRUE COPY OF THE E-MAIL DATED 14.01.2021
SENT TO THE PRINCIPAL OF SREE BUDHA COLLEGE OF
ENGINEERING BY MS.LEKSHMI INFORMING ILLEGAL
DETENTION BY PARENTS AND RELATIVES.
[TRUE COPY]
