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Seena vs Sub-Inspector Of Police on 5 August, 2008

Kerala High Court
Seena vs Sub-Inspector Of Police on 5 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23383 of 2008(H)


1. SEENA, W/O.JOSE, AGED 37 YEARS,
                      ...  Petitioner
2. K.V.JOSE, AGED 44 YEARS,S/O.VARGHESE,

                        Vs



1. SUB-INSPECTOR OF POLICE, THODUPUZHA
                       ...       Respondent

2. SUB-INSPECTOR OF POLICE, MANNARKKAD

3. MARIYAKUTTY, AGED 84 YEARS,

4. THOMAS, S/O.VARGHESE, AGED 40 YEARS,

5. THOMAS, S/O.GEORGE, 50 YEARS,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :05/08/2008

 O R D E R
          K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
        -----------------------------------------------------
                         W.P.(C)No.23383 OF 2008
           -----------------------------------------------------
           DATED THIS THE 5th DAY OF AUGUST, 2008

                            J U D G M E N T

Balakrishnan Nair, J.

The petitioners are husband and wife. The second petitioner is a

liquor addict. He was undergoing de-addiction treatment in

S.H.Hospital, Painkulam. While so, the brothers and mother of the

second petitioner moved the Judicial First Class Magistrate’s Court,

Thodupuzha alleging that the second petitioner is illegally detained in

the hospital. The learned Magistrate issued a warrant for the

production of the second petitioner. As per Exhibit P1 proceedings, the

learned Magistrate, on his production, ordered his release. The

petitioners submit, respondents 3 to 5 want to see the second

petitioner remain as an alcohol addict so that they can enjoy the

income from the assets of the said petitioner. That is why they moved

the Magistrate’s Court and got him released from the hospital, it is

submitted. Later, when the petitioners approached the hospital, they

were not willing to admit the second petitioner for

treatment. In the above background, the petitioner filed Exhibits

P3 and P4 representations before the police and thereafter this Writ

W.P.(C)No.23383/08 -2-

Petition is filed seeking the following reliefs.

(i) Issue a writ of mandamus directing respondents 1

and 2 to provide adequate police protection to the lives of the

petitioners to complete the treatment of the 2nd petitioner for

de-addiction at S.H.Hospital, Painkulam without any kind of

nuisance, hindrance, interferences, disturbances and

obstruction from the part of the respondents 3 to 5 and their

men.

(ii) Issue a writ of mandamus directing the respondents 1 and

2 to see that the 2nd petitioner’s treatment at S.H.Hospital,

Painkulam is fully completed peacefully and without any

interference from the part of respondents 3 to 5.

The hospital authorities are not willing to admit the second petitioner.

That is why he could not get treatment. Therefore, the above prayers are

plainly untenable in the light of the pleadings in the Writ Petition.

Accordingly, the Writ Petition is dismissed.

K.BALAKRISHNAN NAIR,JUDGE.

M.C.HARI RANI, JUDGE.

dsn

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