CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the Superintendent of Police is having any adjudicatory power so as to give effect to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act or to decide title, possession or such other aspects in relation to a property, is the question mooted in this writ petition. The prayers are mainly to direct the respondents 1 to 3 to afford adequate and effective police protection to the life and property of the petitionerby evicting the respondents 4 to 7(who are the wife, two grown-up sons and a daughter-in-law of the petitioner) from the house belonging to the petitioner "even by exerting force, if necessary."

(2.) Heard Smt. T.B.Remani, learned counsel for the petitioner, Sri. Jeswin P.Varghese, learned counsel who entered appearance on behalf of the party respondents as well as Sri. P.P.Thajudeen, learned Senior Government Pleader appearing on behalf of the respondent/police.

(3.) The sequence of events narrated in the writ petition shows that, the petitioner, who is a sexagenarian married the fourth respondent on 25.1.1982 as per the Hindu Customary rites and rituals. It is stated that the marital bond got ruptured and the fourth respondent wife, the sons and also the daughter-in-law are not in good terms with the petitioner. It is also conceded that the petitioner had filed an original petition before the Family Court concerned, to get a decree of divorce, which came to be dismissed. The appeal preferred therefrom also was dismissed; pursuant to which, an R.P. has been filed which is stated as pending.