Petition filed under Article 226 of the Constitution seeking habeas corpus for the production of the second respondent, alleged to be illegally detained by third and fourth respondents. Court dismissed the petition after evaluating the Family Assistant's report showing family disputes.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940
WP(Crl.).No. 456 of 2018
PETITIONER:
PADMAJA NAIR, AGED 72 YEARS, W/O.LATE G.V.NAIR,T.C.9/1399,LAKSHMI PRIYA, SOORYA GARDENCE,SASTHAMANGALAM, THIRUVANANTHAPURAM
NOW RESIDING AT S.S.V APARTMENTS, D/O 14/1481, 1ST CROSS,C.V.ROAD,PUTTAPARTHY, ANADAPUR DISTRICT,ANDRAPRADESH
BY ADV. SRI.P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 ADDITIONAL DISTRICT MAGISTRATE [(DEPUTY COLLECTOR (GENERAL)] THIRUVANANTHAPURAM,CIVIL STATION,THIRUVANANTHAPURAM PIN-695001
2 PRIYA NAIR, W/O.RENJITH,KESTON ROAD, KAVADIYAR, VELLAYAMBALAM RD, THIRUVANANTHAPURAM PIN 695 003.
3 RENJITH, DGM,KSIDC KESTON ROAD,KAVADIYAR, VELLAYAMBALAM RD,THIRUVANANTHAPURAM PIN 695003
4 RESHIKESH RANJITH, S/O.RANJITH,KESTON ROAD,KAVADIYAR, VELLAYAMBALAM RD, PIN - 695 003, THIRUVANANTHAPURAM,NOW STUDYING AT LONDON.
5 STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM PIN 695 036.
R1 & R5 BY SR.GOVT.PLEADER SRI. K.B.RAMANAND
OTHER PRESENT:
WP(Crl.).No. 456 of 2018 : 2 :
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 456 of 2018 : 3 :
JUDGMENT
C.K.ABDUL REHIM, J.
The petitioner is a lady aged 72 years. The 2nd respondent is her daughter. The petitioner is seeking a writ of Habeas corpus for commanding production of the corpus of the 2nd respondent before this Court and to set her at liberty. The 3rd respondent is the husband of the 2nd respondent and the 4th respondent is their son. Allegation is that the respondents 3 and 4 are detaining the 2nd respondent under illegal confinement, without allowing the petitioner to see her.
2. It is stated in the writ petition that, the petitioner is a widow who was staying with the
respondents 2 and 3, after the death of her husband on 31.3.2003. The petitioner raises allegations of ill treatment caused by the 3rd
WP(Crl.).No. 456 of 2018 : 4 :
respondent. According to the petitioner, she was compelled to assign her immovable properties in favour of the 4th respondent, who is the son of respondents 2 and 3. Thereafter the respondents 2 to 4 had misbehaved with the petitioner and she has to escape from the house of the respondents 2 to 4 and is now living in an Ashram in Andhra Pradesh, is the allegations. According to the petitioner, her attempts to meet the respondents 2
and 4 is being prevented by the 3rd respondent. Eventhough the petitioner submitted complaints before the District Collector and the Additional District Magistrate, no action was taken, is the allegation. Based on the allegation that the respondents 2 and 4 are detained illegally by the 3rd respondent without permitting the petitioner to see them, the above writ petition is filed.
3. When the case came up for admission on 16.11.2018, this Court directed the 5th respondent
WP(Crl.).No. 456 of 2018 : 5 :
to conduct a discreet enquiry into the allegations
raised in this writ petition, concerned with the alleged illegal detention of the respondents 2 and
4. The 5th respondent was directed to get a statement of the 2nd respondent recorded by deputing a Woman Police Officer. The said statement was directed to be recorded in isolation, not in the presence of the 3rd respondent or any other members of the family. The 5th respondent was directed to submit a report enclosing such statement, if any recorded.
4. Today, the learned Government Pleader had submitted a report of the 5th respondent, enclosing a statement recorded from the 2nd respondent. In the detailed statement given by the 2nd respondent it is indicated that, there exists stiff family disputes between the petitioner and the respondents 2 to 4. It is narrated that, the petitioner had executed a will in favour of the 4th
WP(Crl.).No. 456 of 2018 : 6 :
respondent assigning her immovable properties by reserving life interest. But subsequently the petitioner wanted to cancel the will, for which she had approached various authorities and also filed civil cases. It is stated that, the respondents 2 and 3 are paying monthly maintenance to the petitioner at the rate of Rs.7,500/- in compliance with an order passed by the District Collector. Further it is mentioned that, the petitioner was allowed to take the monthly rent of one of the buildings situated in the property. Apart from that, it is mentioned that, the petitioner is getting family pension on account of death of the father of the 2nd respondent. The statement given by the 2nd respondent would depict a picture of constant and continued harassment from the side of the petitioner by filing various complaints before various authorities against the respondents 2 to 4. Under such circumstances, it
WP(Crl.).No. 456 of 2018 : 7 :
is mentioned that, the 2nd respondent is not interested in having any acquaintance with the petitioner. She had categorically denied the allegations of illegal detention as alleged in the writ petition.
5. Under the above mentioned circumstances, this Court do not find any basis for the allegations raised in the writ petition to the extent that the 2nd respondent is detained illegally by the respondents 3 and 4.
Consequently, the above writ petition fails
and the same is accordingly dismissed.
C.K.ABDUL REHIM
Sd/-
Bb
WP(Crl.).No. 456 of 2018 : 8 :
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ENQUIRY REPORT DATED 13.4.2018
EXHIBIT P2 THE TRUE COPY OF THE DIRECTION GIVEN BY THE 1ST RESPONDENT TO PRODUCE 2ND RESPONDENT DATED 27/10/2018
RESPONDENTS' EXHIBITS:
NIL
//True Copy//
P.A. To Judge
Bb
1 issue framed by the court
Whether the second respondent is illegally detained and where abouts are being concealed by the third and fourth respondents.
Padmaja Nair
Priya Nair
Renjith
Reshikesh Ranjith
Additional District Magistrate, Thiruvananthapuram
C.K.ABdul Rehim
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
