Petitioner alleged her daughter-in-law was retaining her ATM card and identity documents entrusted by her deceased son. The 1st respondent denied possession. Finding a dispute of facts unsuitable for decision under Article 226, the court closed the writ petition, leaving the petitioner free to invoke other available remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 1022 OF 2024
PETITIONER:
AMMUKUTTY AMMA @ KUNHUKUTTY AMMA
AGED 86 YEARS
W/O.LATE NAZHIYATH MADHAVAN NAIR,
PRESENTLY RESIDING AT SOUPARNIKA, KARALMANNA ROAD,
CHERPULASSERY PO, PALAKKAD, PIN - 679503
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
1NANDINI.P
W/O.LATE SURESH.N, MARATH VALAPPIL HOUSE,
SRAYIL ROAD, P O KATTAKAMBAL, THRISSUR, PIN - 680544
2THE STATION HOUSE OFFICER
KUNNAMKULAM POLICE STATION, KUNNAMKULAM, PIN - 680503
3THE CIRCLE INSPECTOR OF POLICE
KUNNAMKULAM POLICE STATION, KUNNAMKULAM, PIN - 680503
BY ADVS.
MUHAMMED HUSSAIN.K.M
K.V.SREE VINAYAKAN(K/93/2006)
SRI.SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1022 OF 2024 2
JUDGMENT
The petitioner, who is the mother-in-law of the 1st respondent, alleges that the latter is retaining her documents like ATM Card, Voters ID etc., which were entrusted to her by her deceased son late Suresh, while he was alive. She, therefore, prays that the 1st respondent be directed to return to her all these documents and cards, within a time frame to be fixed by this Court; adding that she has already preferred Ext.P1 complaint in this regard before the 2nd respondent.
WP(C) NO. 1022 OF 2024 3
issued by this Court.
With the afore liberty being reserved to the petitioner, I close this writ petition without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE
MC/6.3
WP(C) NO. 1022 OF 2024 4
APPENDIX OF WP(C) 1022/2024
PETITIONER EXHIBITS
Exhibit P-1TRUE COPY OF COMPLAINT DATED 30/12/2023
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(a)The true copy of the statement given by
this respondent before the police dated 20-
01-2024
1 issue framed by the court
Can the Court under Article 226 direct return of documents and cards when there is a dispute of facts between the parties?
1 provisions across 1 enactments
Ammukutty Amma @ Kunhukutty Amma
Nandini.P
The Station House Officer, Kunnamkulam Police Station
The Circle Inspector of Police, Kunnamkulam Police Station
Devan Ramachandran
As recorded by the court registry
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