RADHAMMA SASIDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who is the mother of a 35 year old man by name ' Snehalal', has filed this writ petition arraying the following respondents;

(2.) TODAY , Sri.S.Venugopalan Nair, the Sub Inspector attached to the office of the 5th respondent personally appeared before us and through Sri.Biju Meenattoor learned senior Government Pleader submitted the following report :

(3.) Smt.Gomathy Ammal was residing in a room adjacent to the Fevicol dealership run by/owned by one Sanjayakumar for the last several years. That accommodation was provided by the complaint Adv. Ramaswamy Pillai. Adv. Ramaswamy Pillai sold the above property consisting of 3 shop rooms, to another person viz. Nataraja Pillai, retaining the two occupants therein, namely one tailors Raghavan Nair and Gomathy Ammal. Sanjayakumar purchased the above property from Nataraja Pillai. Sanjayakumar evicted the room occupied by the tailor after paying an amount of Rs. 30,000.00 to him. Smt.Gomathy Ammal continued in the room even though she was compelled to vacate by many means by Sanjayakumar. He used to cut the electric supply and water supply to her room, blocked the drainage facility of toilet, taken away the TV antenna, closed the window of the room etc. He even attacked the old and sick lady once while she was sitting inside her room. While so, on 10/04/2004, in connection with a proceedings pending before the DRT (Debt Recovery Tribunal) in connection with a debt in furtherance of a loan availed by Adv. Ramaswamy Pillai, some officials from Ernakulam visited the above spot. It is told that Adv. Ramaswamy Pillai had informed of the debt to the person who purchased the property from Ramaswamy Pillai. The debt amounts to Rs. 1.5 crore, for that Sanjayakumar became the ultimate sufferer. Sanjayakumar wanted to evict the old lady under whatever ways possible in order to resale the property before the attachment by the DRT proceedings. Under the above circumstances, it can be presumed that Sanjayakumar had a strong motive.