Kamaraj vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2019

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Citation: sooperkanoon.com/1857185
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 28, 2019
Case Number: WP(C)/2671/2019

Parties & Advocates

Appellant / Petitioner

Kamaraj

Respondent

State of Kerala

Excerpt

.....district probation office, civil station, palakkad- 4 the warden mahila mandiram, muttikulangara, palakkad district- 5 sub inspector of police agali, palakkad district-678 581 by sr.government pleader sri.b.vinodthis writ petition (civil) having been finally heard on 28.02.2019, the court on the same day delivered the following: wp(c).2671/19 2anu sivaraman, j.w.p(c).no. 2671 of 2019 dated this the 28th day of february, 2019judgmentheard learned counsel for the petitioners and the learned government pleader. i have also interacted with the petitioners and the 4th respondent warden as well as the petitioners' daughter, who has been housed in the mahila mandiram, muttikulangara, palakkad district.2. the petitioners' daughter has expressed her willingness to go along with her parents. the 4th respondent warden submits that such consent is being expressed repeatedly by her own free will. in the above view of the matter, the petitioners are permitted totake their daughter 'priyadarsini', who was housed in the mahila mandiram, muttikulangara along with them. the petitioners' daughter is free to reside with the petitioners as per the willingness expressed by her voluntarily.the writ petition is ordered accordingly. sd/- anu sivaraman judge vgs18/2 wp(c).2671/19 3 appendix petitioner's/s exhibits: exhibit p1 true copy of the fir in crime no. 135/2018 of agali police station dated 12.4.2018 exhibit p2 true copy of the proceedings of the 2nd respondent dated 11.5.2018 exhibit p3 true copy of the birth certificate of priyadarsini dr. 12.5.2017 exhibit p4 true copy of the representation dated 22.1.2019 submitted by the petitioners before the 3rd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY ,THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940 WP(C).No. 2671 of 2019 PETITIONER/S: 1.KAMARAJ AGED 47 YEARS S/O. PERIASWAMY, CHAVADIYOOR, PUDOOR, AGALI,
2. THAMIZHARASSI, AGED 43 YEARS, W/O.KAMARAJ CHAVADIYOOR PUDOOR, AGALI, BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001 2 THE CHAIRMAN CHILD WELFARE COMMITTEE, PALAKKAD DISTRICT, GOVERNMENT CHILDREN'S HOME, MUTTIKULANGARA, PALAKKAD- 3 PROTECTION OFFICER DISTRICT PROBATION OFFICE, CIVIL STATION, PALAKKAD- 4 THE WARDEN MAHILA MANDIRAM, MUTTIKULANGARA, PALAKKAD DISTRICT- 5 SUB INSPECTOR OF POLICE AGALI, PALAKKAD DISTRICT-678 581 BY SR.GOVERNMENT PLEADER SRI.B.VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).2671/19 2
ANU SIVARAMAN, J.
W.P(C).No. 2671 of 2019 Dated this the 28th day of February, 2019

JUDGMENT

Heard learned counsel for the petitioners and the learned Government Pleader. I have also interacted with the petitioners and the 4th respondent Warden as well as the petitioners' daughter, who has been housed in the Mahila Mandiram, Muttikulangara, Palakkad District.

2. The petitioners' daughter has expressed her willingness to go along with her parents. The 4th respondent Warden submits that such consent is being expressed repeatedly by her own free will. In the above view of the matter, the petitioners are permitted to

take their daughter 'Priyadarsini', who was housed in the Mahila Mandiram, Muttikulangara along with them. The petitioners' daughter is free to reside with the petitioners as per the willingness expressed by her voluntarily.

The writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE vgs18/2 WP(C).2671/19 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO. 135/2018 OF AGALI POLICE STATION DATED 12.4.2018 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11.5.2018 EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OF PRIYADARSINI DR. 12.5.2017 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 22.1.2019 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Same Court & Year Kerala · 2019 Same Parties Kamaraj vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman