IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 409 of 2009(S)
1. JAMEELA, D/O.AMINA AMMA,AGED 28 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. KALAYAPURAM JOSE,SANKOTHAM,
For Petitioner :SRI.P.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :19/10/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl.)No.409 OF 2009
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DATED THIS THE 19th DAY OF OCTOBER, 2009
J U D G M E N T
Basant, J.
The petitioner is present. The alleged detenue No.2, Laila is
also present along with the petitioner. The 2nd respondent has not
entered appearance. The note of the Registry shows that he has
not been served and acknowledgment card is not returned.
2. The learned Government Pleader submits that enquiry
by the police reveal that the three persons – the alleged detenues
– Amina Umma, the mother of the petitioner, Shamsudeen, the
brother of the petitioner and Laila, the sister of the petitioner,
were all being looked after in an establishment run by the 2nd
respondent by name ‘Sanketham’ where the helpless people and
mentally retarded persons and others with disability are being
taken care of. According to the police, there was no element of
illegal detention or confinement. One Ummukulsu, the sister of
the petitioner had expired and dead body of the said sister was
retained in the house without burial by the three alleged
detenues. The local people came to know of that and they
intervened. It was revealed that all the three have some mental
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aberration. Local people had informed the police also. Burial
was conducted and the three alleged detenues were housed in
the establishment of the 2nd respondent. It was not a case of
illegal detention. It is only a case of protective care of the three
alleged detenues. The petitioner has now offered to look after the
alleged detenues. The mother of the petitioner as well as the
sister of the petitioner have already been released to the custody
of the petitioner. Shamsudeen, the brother of the petitioner
continues to be in the institution run the 2nd respondent. His
physical condition is such that he cannot travel to the Court. The
2nd respondent is willing to permit the said Shamsudeen to go
with the petitioner, if the petitioner is willing to take him. The
petitioner proposes to take him; but at the moment the physical
health of the said Shamsudeen is such that he cannot be moved
from the establishment of the 2nd respondent.
3. The mother of the petitioner – one of the alleged
detenues, has already admitted to the District Hospital by the
petitioner herein on 17.10.2009. Laila, the sister of the petitioner
– another alleged detenue has been brought to Court by the
petitioner today and Shamsudeen the 3rd alleged detenue
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continues in ‘Sanketham’ run by the 2nd respondent. The learned
counsel for the petitioner submits that the petitioner does not
want to seek any further relief from this Court. In these
circumstances, it is prayed that this petition may now be
dismissed.
4. We accept the submissions of the learned counsel for
the petitioner and the learned Government Pleader. Though the
2nd respondent has not so far entered appearance, we are
satisfied that no further directions are necessary in this Writ
Petition and this Writ Petition can be dismissed as requested by
the learned counsel for the petitioner.
5. This Writ Petition is accordingly dismissed.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn