S. Thankamony Amma vs The State of Kerala, The Sub Inspector of Police and Vijayakumaran Nair

R. Basant, J.—The Petitioner has come to this Court with this petition seeking issue of directions under Article 226 of the Constitution to Respondent No. 2 to desist from harassing the Petitioner at the instance of the third Respondent.

The Petitioner is the daughter of one Saraswathi Amma, admittedly, a senior citizen. The third Respondent is the brother of the said Saraswathi Amma. According to the Petitioner, the third Respondent has prevailed upon the said Saraswathi Amma to lodge a frivolous complaint before the police against the Petitioner raising the allegation that she is not properly looking after and maintaining her senior citizen, mother. The third Respondent is also prevailing upon the second Respondent, the local Sub Inspector of Police to vex and harass the Petitioner. It is in these circumstances that the Petitioner has come to this Court with this petition.

The petition was admitted. Notice was ordered. The third Respondent has entered appearance through counsel. The learned Government Pleader appears for Respondents 1 and 2. The learned Counsel for the third Respondent submits that the allegations are totally false. The third Respondent has not prevailed upon the second Respondent to take any vexatious action against the Petitioner on behalf of his sister.

The learned Government Pleader after taking instructions from Respondent No. 2 submits that a complaint was received from the said Saraswathi Amma. The children of the said Saraswathi Amma were called to the Police Station. They were not willing to pay maintenance to their mother. In these circumstances, advising the said Saraswathi Amma to pursue her legal remedies before appropriate forum, that petition has been closed. There has been no harassment whatsoever against the Petitioner. Presence of the Petitioner in the police station is not required, submits the learned Government Pleader on behalf of the second Respondent.

We are not in the circumstances of the case satisfied that there has been any harassment against the Petitioner by the second Respondent or at the instance of the third Respondent. We are satisfied in these circumstances that the Petitioner is not entitled to issue of any directions in her favour.

We accept the submissions of the learned Government Pleader and the learned Counsel for the third Respondent. This petition is accordingly dismissed.