Shaji.M.P vs State Of Kerala
2022 Latest Caselaw 7289 Ker

                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.

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

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

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