IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 26 of 2009(S)
1. M.JOHN-ALIAS-SAJU,AGED 56 YRS,
... Petitioner
Vs
1. DENNIS.M.PAUL,AGED 46 YRS,
... Respondent
2. COMMISSIONER OF POLICE, KOCHI.
For Petitioner :SRI.BOBY MATHEW
For Respondent :SRI.DEVAN RAMACHANDRAN
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/02/2009
O R D E R
A. K. Basheer & Thomas P. Joseph, JJ.
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W.P (Crl) No. 26 of 2009
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Dated this the 4th day of February, 2009.
Judgment
Basheer, J:
Mrs.Annamma Mathew, an 85 year old lady is reportedly staying in a
para medical care centre at Kalavoor in Alappuzha district. Petitioner and
respondent No.1 are her two children. Petitioner has a grievance that his
mother is not getting the right kind of care and attention at the centre where
she is now accommodated. Petitioner has a further case that his mother was
put in the para medical care centre by respondent No.1 without informing
him.
2. Respondent No.1 has of course stoutly denied the above
allegations. According to him, the mother is being taken care of quite
adequately and she is being attended to by doctors regularly.
3. We do no propose to deal with the other allegations made in the
writ petition. Similarly, we also refrain from either referring to or dealing
with the averments made by respondent No.1 in his counter affidavit.
Suffice it to say that it is unfortunate for the old lady to be at the centre of
this controversy at this old age.
4. We have interacted with the petitioner and respondent No.1 on
more than one occasion. In fact we advised both of them to sort out the
issue so that any kind of ill-will or bitterness which has developed in the
relationship between them is removed.
5. It is now brought to our notice that respondent No.1 had in fact
visited the petitioner at his residence and had a talk with him. Respondent
No.1 had made it clear to us at the first instance itself that he has absolutely
no objection, if his elder brother, the petitioner, wants to have a say in the
matter of treatment to be given to the mother.
WP (CRL.)No.26/09 2
6. It is submitted by the petitioner that there is a good hospital at
Mulanthuruthy, a short distance away from his residence and that it will be
convenient not only for him but to respondent No.1 also, if the mother is
admitted in that hospital. It is further submitted before us that depending
on the advice of the doctors of the hospital at Mulanthuruthy, the mother
can be given better treatment, if need arises, in one of the hospitals at
Ernakulam also.
7. Having regard to the entire facts and circumstances we are
satisfied that petitioner can be allowed to take Mrs. Annamma Mathew to
the hospital at Mulanthuruthy. At this stage learned counsel for respondent
No.1 submits that respondent No.1 will get her discharged and take her to
the hospital at Mulanthuruthy within two days from today. The above
submission is recorded.
We close the writ petition with the hope that the two brothers will
bury their hatchet and take care of their mother.
A.K. BASHEER
Judge
Thomas P. Joseph
Judge
an.