Ealikutty vs The Station House Officer
2021 Latest Caselaw 19066 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                   WP(C) NO. 15934 OF 2021
PETITIONER:

         EALIKUTTY
         AGED 85 YEARS
         W/O.ULAHANNAN, THAZHATHEKUDIYIL HOUSE, THOTTIKKANAM
         KARA, SENAPATHY P.O., SANTHANPARA VILLAGE,
         UDUMBANCHOLA, IDUKKI DISTRICT-685 619, PRESENTLY
         RESIDING AT THAZHATHEKUDYIL HOUSE, PALLARIMANGALAM
         P.O., MAVUDI SCHOOL, MAVUDI, ERNAKULAM-686 671

         BY ADVS.
         P.B.KRISHNAN
         P.B.SUBRAMANYAN
         SABU GEORGE
         B.ANUSREE
         MANU VYASAN PETER


RESPONDENTS:

    1    THE STATION HOUSE OFFICER
         SANTHANPARA POLICE STATION, MUNNAR-KUMILY HIGHWAY,
         SANTHANPARA, IDUKKI-685 619

    2    ALEYAS,
         AGED 52 YEARS
         AGRICULTURIST, S/O. LATE ULAHANNAN,
         THAZHATHEKUDIYIL HOUSE, THOTTIKKANAM KARA,
         SENAPATHY P.O., SANTHANPARA VILLAGE, UDUMBANCHOLA,
         IDUKKI DISTRICT-685 619

    3    KUNJAPPAN @ PHILIPOSE,
         AGED 60 YEARS
         AGRICULTURIST, S/O. LATE ULAHANNAN,
         THAZHATHEKUDIYIL HOUSE, THOTTIKKANAM KARA,
         SENAPATHY P.O., SANTHANPARA VILLAGE, UDUMBANCHOLA,
         IDUKKI DISTRICT-685 619

         SRI.E.C.BINEESH-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 15934 OF 2021             2

                              JUDGMENT

The petitioner, who is stated to be 85 years in

age, has been forced to this Court because she says

that she is being harassed an intimidated by her

sons, namely respondents 2 and 3. She asserts that

she has already obtained Ext.P6 order from the

competent Appellate Tribunal, constituted under the

provisions of the Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 (hereinafter referred

to be 'the Act; for short); but that effective

action has not been taken thereon by the competent

Authorities, thus emboldening her children to now

take law into their own hands. She says that she,

therefore, preferred Ext.P7 complaint before the 1st

respondent - Station House Officer and alleges that

no action has been taken on it yet, thus forcing her

to approach this Court through this writ petition.

2. I have heard Shri.P.B.Krishnan, learned

counsel for the petitioner and Shri.E.C.Bineesh,

learned Government Pleader appearing for the 1st

respondent. Even though notice has been validly

served on respondents 2 and 3, they have chosen not

to be present before this Court in person, or to be

represent through counsel; thus inferentially

guiding me to the impression that they have nothing

to offer in answer to the various allegations in

this writ petition.

3. I notice that when this matter was considered

by another learned Judge for admission, the

following interim order had been issued:

"The learned Government Pleader takes notice for the 1 st respondent. Issue urgent notice by speed post to respondents 2 and 3.

There will be a direction to the 1st respondent to ensure that the directions in Ext.P6 order passed by the Appellate Tribunal are complied with in its letter and spirit unless the same is varied or set aside by a superior forum"

4. Shri.E.C.Bineesh, the learned Government

Pleader, today submitted that the petitioner's life

and property have been adequately and effectively

protected by the 1st respondent and that he will

continue to do so, adverting to Ext.P6 order of the

Appellate Tribunal. He submitted that the 1st

respondent will also make sure that there are no law

and order violations or breach of peace at the hands

of respondents 2 and 3 in the area in question and

further assured this Court that necessary action in

this regard will be continued in future also.

Taking note of the afore submissions and

adverting to the directions in Ext.P6 order, I allow

this writ petition confirming the afore extracted

interim order; thus directing the 1st respondent to

ensure that the life and property of the petitioner

are adequately and effectively protected from all

threats and intimidation from any source, including

from respondents 2 and 3 and their men or resources.

The 1st respondent will also ensure that the law and

order is maintained in the area where the petitioner

is residing and that there is no breach of peace on

account of any action that may be committed by

respondents 2 and 3 and their associates.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/23.9

APPENDIX OF WP(C) 15934/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE WILL, DATED 03.02.2012 REGISTERED AS DOC.NO.23 OF 2012 IN BOOK NO.III OF SRO, RAJAKUMARI

Exhibit P2 TRUE COPY OF THE ORDER DATED 25.01.2020 ISSUED BY THE MAINTENANCE TRIBUNAL, IDUKKI

Exhibit P3 TRUE COPY OF THE PLAINT, DATED 30.01.2020, IN OS NO.25 OF 2020 ON THE FILE OF THE MUNSIFF COURT, DEVIKULAM

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 30.01.2020 FILED BY THE PETITIONER BEFORE THE DISTRICT MAINTENANCE APPELLATE TRIBUNAL (DISTRICT COLLECTOR), IDUKKI

Exhibit P5 TRUE COPY OF THE COMPLAINT , DATED 09.60.2020 FILED BEFORE THE MAINTENANCE TRIBUNAL, IDUKKI

Exhibit P6 TRUE COPY OF THE ORDER WITH FILE NO.DCIDK/5525/2020-A13 DATED 12.03.2021 ISSUED BY THE DISTRICT MAINTENANCE APPELLATE TRIBUNAL (DISTRICT COLLECTOR), IDUKKI

Exhibit P7 TRUE COPY OF THE PETITIONER DATED 19.06.2021 FILED BY THE PETITIONER BEFORE RESPONDENT NO.1

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 20.06.2021 ISSUED FROM THE SANTHANPARA POLICE STATION