Kerala High Court
Reshmi Jobhinadh vs The Station House Officer on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(CRL.) NO. 739 OF 2023
PETITIONERS:
1 RESHMI JOBHINADH
AGED 47 YEARS
W/O JOBHINADH,
PUTHOOR HOUSE,
KAIPAMANGALAM P.O.,
KALAMURI,
THRISSUR.,
PIN - 680681
2 JOLY
AGED 53 YEARS
W/O SHAJU C.T.,
CHEMBOLA HOUSE,
THALIKULAM P.O.,
THRISSUR.,
PIN - 680569
BY ADVS.
DAISY A.PHILIPOSE
JAI GEORGE
BLITTY ROSE.T.K
RESPONDENTS:
1 THE STATION HOUSE OFFICER
KAIPAMANGALAM POLICE STATION,
KOORIKUZHI,
KAIPAMANGALAM P.O.,
THRISSUR DISTRICT.,
PIN - 680681
2 SHAHANA
HUMANITARIAN SOCIAL MISSION FOR HUMAN RIGHTS
MOONNUPEEDIKA. P.O.,
THRISSUR DISTRICT,
PIN - 680681
W.P.(Crl.) No. 739 of 2023 2
3 JYOTHINADH P.V.,
S/O VISWANADHAN,
PUTHOOR HOUSE,
KAIPAMANGALAM P.O.,
KALAMURI THRISSUR DISTRICT,
PIN - 680681
*ADDL. R4 IMPLEADED
4 THE DISTRICT MAGISTRATE (THRISSUR)
CIVIL STATION,
AYYANTHOLE,
THRISSUR-680 003.
IS SUO MOTU IMPLEADED AS ADDL. R4 AS PER ORDER
DATED 03/08/2023 IN WP(CRL) NO.739/2023.
R1 & R4 BY SRI. P.M. SHAMEER, GOVERNMENT PLEADER
R3 BY ADV T.M.CHANDRAN
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) No. 739 of 2023 3
JUDGMENT
A.Muhamed Mustaque, J.
One Sulochana, who is 84 years old, now is lodged
at Shahana, Humanitarian Social Mission for Human
rights, Thrissur. The first petitioner is her daughter-
in-law and the second petitioner is her daughter. They
approached this Court with habeas corpus, seeking the
following reliefs:-
(i) Issue a writ of Habeas corpus commanding
the respondents to produce the body of
Mrs. Sulochana, W/o. Vishwanadhan, Aged
83 years, Puthoor House, Kaipamangalam
P.O., kalamuri, Thrissur - 680681 and
release her from illegal detention of the
second respondent;
(ii) Grant such other reliefs as deemed fit to
this Hon'ble Court in the interest of
justice.
2. On 03.08.2023, we passed the following order:-
"This writ petition was filed seeking the
following relief:
"Issue a writ of Habeas corpus
commanding the respondents to produce
the body of Mrs.Sulochana,
W/o.Vishwanadhan, aged 83 years, Puthoor
House, Kaipamangalam P.O., Kalamuri,
Thrissur-680681 and release her from
illegal detention of the 2nd
respondent."
2. Admittedly, the alleged detenue is a
senior citizen. Considering the nature of the
allegation, we suo motu implead the District
Magistrate (Thrissur), Civil Station, Ayyanthole,
Thrissur-680 003, as an additional fourth
respondent in the party array. He is an authority
to protect the senior citizen under Rule 19 of the
Kerala Maintenance and Welfare of Parents and
Senior Citizens Rules, 2009.
3. The additional fourth respondent conducts
an enquiry as to the protection given to
Mrs.Sulochana and files a report through the
learned Government pleader before this Court by
next posting.
Post on 9.8.2023."
3. The third respondent son appeared before this
Court. He submits that he has lodged his mother at the
above mentioned place for her well being. The third
respondent is now working abroad.
4. Pursuant to the order dated 03.08.2023, a
report has been placed before this Court by the
District Collector, Thrissur. The report shows that
the said Sulochana is not interested to stay at the
place where she is now.
5. Since third respondent is in abroad and the
said Sulochana is not interested to stay at the place
where she is now put up, we allow the petitioners to
take Sulochana with them. The District Collector,
Thrissur shall ensure that measures have been taken to
protect her interest in terms of Rule 19 of the Kerala
Maintenance and Welfare of Parents and Senior Citizens
Rules, 2009.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
DCS/09.08.2023
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED
05.07.2023 SUBMITTED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
