MATHEW K.DANIEL Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) The case projected by the petitioner, who is the senior citizen aged 66 years, is that he is suffering from serious ailments and that contesting respondents 3 and 4 who are the daughters of his wife's sister, are making attempt to forcefully and illegally evict him from his present residence in a flat and that efforts are made by them to change the lock of the flat's door in his absence. The petitioner and his wife (Smt.Jessy Mathews), have no children in that wedlock. The petitioner is residing in Flat No.5B Elegant Heights, Indira Nagar, Kadavanthra and the flat is owned by his wife. Respondents 3 and 4 who are the daughters of the petitioner's wife's sister were earlier staying in another flat in the same apartment. Petitioner would allege that respondents 3 and 4 had come to the flat where he is residing, several times and were attempting to oust him forcefully. On 29.4.2018 at 10.30 a.m. respondents 3 and 4 had come to his flat and intimidate him and manhandled him and in order to oust him from the flat illegally, said respondents have attempted to replace the existing lock fixed in the flat's door. Respondents 3 and 4 are taking the stand that the petitioner has no right to reside in the said flat owned by the petitioner's wife. That aggrieved by the above said conduct of respondents 3 and 4, the petitioner had filed Ext.P2 complaint dated 20.6.2018 before the 1st respondent-Commissioner of Police, Kochi City praying that necessary action should be taken to protect the life and property of the petitioner from the above said conduct of respondents 3 and 4 and the petitioner submits that Ext.P2 complaint has been filed under the enumerated provisions contained in Rule 20 of the Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 which has been framed under the enumerated provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In the light of these factual averments that the petitioner has filed this writ petition with the following prayers:-

(2.) Heard Sri.M.V.Thamban, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 1, 3 and 5 and Smt.B.Sainu, learned counsel appearing for contesting respondents 3 and 4.

(3.) Earlier this Court had disposed of the W.P.(C) on 25.06.2018 at the admission stage itself without issuing notice to contesting 1st respondents 3 and 4, by directing the respondent-Commissioner of Police to take a decision on Ext.P2 petition after granting a reasonable opportunity of being heard to the petitioner and contesting respondent Nos.3 and 4.