IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 558 of 2009(S)
1. JOSEPH THOMAS, PULLAVALLIL HOUSE,
... Petitioner
2. JOSHI JOSEPH,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. SUB INSPECTOR OF POLICE,
4. KOSHI THOMAS,
5. MEDICAL SUPERINTENDENT,
6. MARIAYAMMA TITUTS,
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :04/01/2010
O R D E R
K. M. JOSEPH &
P.Q. BARKATH ALI, JJ.
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W.P(CRL). NO. 558 OF 2009 S
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Dated this the 4th January, 2010
JUDGMENT
K.M. Joseph, J.
This is sequel to Ext.P4 Judgment where the parties had
approached this Court in connection with the very same matter
essentially. In the present writ petition, this Court was pleased
to order notice to the fourth respondent, taking note of the need
for true implementation of settlement evidenced in Ext.P4.
One Mrs. Daisy Thomas, the mother of the first petitioner and
the fourth respondent, has been under treatment. According to
the petitioners, she is ready for being discharged from the
hospital. Reference is made to Ext.P5.
2. We heard the learned counsel for the petitioner and the
learned counsel appearing on behalf of the fourth respondent.
We also interacted with the second petitioner and the fourth
W.P.(CRL).558/09 S 2
respondent. The first petitioner is the brother of the fourth
respondent and the second petitioner is the maternal Uncle of
the first petitioner and the fourth respondent. Learned counsel
for the petitioners would submit that what they essentially want
is that when the mother is brought from the hospital to the
ancestral house, the fourth respondent may be present. It is the
common case that the key to the ancestral house is with the
petitioners.
3. The fourth respondent actually wanted to file Counter
Affidavit. But, since we are not going into the allegations, we
do not think it necessary. The fourth respondent would state
that he is prepared to be present when his mother is discharged
and brought to the ancestral house on condition that the time
when the mother should be brought may be notified. Learned
counsel for the petitioners submits that the mother would be
discharged and brought to the ancestral house at 2.30 P.M. on
13.01.2010. The fourth respondent submits that he will be
W.P.(CRL).558/09 S 3
present in the ancestral house when his mother is brought at 2.30
P.M. on 13.01.2010. We record these submissions and close the
Writ Petition. This will be without prejudice to the operation of
Ext.P4 Judgment.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
P.Q. BARKATH ALI,
JUDGE
kbk.
// True Copy //
PS to Judge