HARI P. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Smt. Sreedevi, the alleged detenue, is produced before us by the 10th respondent Dr. K.B. Pillai. We interacted in detail with Smt. Sreedevi. Our impression, formed by the above interaction, about Smt. Sreedevi is that though Smt. Sreedevi's mental health is not up to the normal level, it cannot be stated now that her mental health is deteriorated to such an extent that she is absolutely incapable of expressing her desire on the issue as to with whom she should stay. The only prayer in the writ petition is to issue a writ of habeas corpus on the allegation that Smt. Sreedevi is illegally detained against her wishes by respondents 10 and 12. Having interacted with Smt. Sreedevi, we are unable to say that continuance of Smt. Sreedevi's present stay with the 10th respondent is against her wishes. She referred to the 10th respondent as Krishnakutty Annan who appears to be her first cousin through mother.

(2.) In the present jurisdiction, this court is concerned only as to whether the alleged detenue is illegally detained against her wishes by the detainers. As we are not convinced yet that the custody of Smt. Sreedevi by 10th and 12th respondents is illegal, we are not inclined to issue the writ sought for. But, at the same time we notice W.P. (C) No. 19060/2012 filed by the 10th respondent herein wherein Ext. P2 guardianship certificate issued by the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities is sought to be cancelled. We are therefore not inclined to dismiss this writ petition. We close the same for the time being giving liberty to the petitioner to apply for revival. However, even as we close this writ petition for the time being, we restrain the alleged detenue Smt. Sreedevi, D/o. Late. N. Parameswaran Nair and Sri. K.B. Pillai, the 10th respondent, from facilitating the alienation of five items of immovable properties described in the schedule of Ext. P2 certificate.