IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 93 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. DEPUTY SUPERINTENDENT OF POLICE,
4. DEPUTY SUPERINTENDENT OF POLICE,
5. SUB INSPECTOR OF POLICE,
6. SUB INSPECTOR OF POLICE,
7. KOSHI THOMAS,
8. MEDICAL SUPERINTENDENT,
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent :SRI.M.M.ALIAS
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.BHAVADASAN
Dated :03/04/2009
O R D E R
A.K. BASHEER & P. BHAVADASAN, JJ.
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W.P.(Crl)No.93 OF 2009
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Dated this the 3rd day of April, 2009.
J U D G M E N T
Basheer, J.
Petitioners and respondent No.7 are present in court. We
have interacted with them. Adv. Mathew Kuriakose, the mediator
attached to the High Court Mediation Centre is also present. It is
heartening to note that the parties who are very close relatives
have ultimately decided to forget and forgive. They state before
us that they have decided to bury the hatchet, thanks to the
commendable efforts taken by Adv.Mathew Kuriakose, the
mediator.
2. We are informed that Mrs.Daisy Thomas, the mother of
petitioner No.1 and respondent No.7 is still in K.C.M Hospital,
Nooranad where she was admitted on 28.11.2008. Sr.Elsitta
Theresa representing the said hospital had appeared before us on
11.03.2009 and informed that Mrs.Daisy Thomas is undergoing
treatment in the psychiatric ward of the hospital. She had further
W.P.(Crl)No.93/09 2
informed us that the patient could not be discharged from the
hospital straight way.
3. Petitioners and respondent No.7 submit before us that
their primary concern is the wellbeing of Mrs.Daisy Thomas. If
and when the doctor treating Mrs.Daisy Thomas certifies that she
is fit to be discharged from the hospital, she would be taken to
the Tharavad house. They further submit that the petitioners and
respondent No.7 will share the medical expenses of Mrs.Daisy
Thomas. It is also undertaken by them that none of them will
cause any obstruction or raise any objection as regards the visit
of the other to see the mother either at the hospital or at the
Tharavad house. The above undertaking is recorded. Petitioners
further submit that they are prepared to meet all other expenses
of Mrs.Daisy Thomas.
4. We have spoken to the petitioners and respondent No.7
at length. It appears that the present ill-feeling has arisen only
because of lack of communication. We told the parties that the
old lady has to be allowed to spend her last days in peace and to
see her near and dear ones around her till her death. Petitioners
and respondent No.7 assure us that this will be done.
W.P.(Crl)No.93/09 3
In view of the above facts and circumstances and also in
view of the intervening developments, we do not deem it
necessary to issue any orders or directions in this writ petition.
This writ petition is closed recording the submissions and
undertakings of the parties.
A.K. BASHEER, JUDGE.
P. BHAVADASAN, JUDGE.
smp
W.P.(Crl)No.93/09 4
A.K. BASHEER &
P. BHAVADASAN, JJ.
W.P.(Crl)No.93 OF 2009
J U D G M E N T
03.04.2009