The court prioritized the welfare of a person with mental health issues, directing law enforcement to ensure his protection and oversee potential harassment.

JUDGMENT

K.T.Sankaran, J.

The petitioner is the brother of Joseph Mathew (Mony).

Respondents 1 to 3 are the wife and sons of Joseph Mathew (Mony). Joseph Mathew (Mony) is aged 63 years. He was working in Texas in the United States of America. Joseph Mathew (Mony) came back to India about 18 years back according to the petitioner and 22 years back according to respondents 1 to 3. It is stated that the third respondent also came back to India about two years back.

2. According to the petitioner, respondents 1 to 3 pressurised Joseph Mathew (Mony) to transfer the properties According to the doctor, Joseph Mathew (Mony) is suffering from bipolar affective disorder - mania with psychotic symptoms. Joseph Mathew (Mony) is also suffering from diabetes. The doctor also stated that the condition of Joseph Mathew (Mony) was improved and he was discharged from the hospital.

5. The first respondent stated that an extent of 28 acres of land was acquired by Joseph Mathew (Mony) and funds for the same was provided by her. She was working as a Staff Nurse in the United States of America for the last 32 years. According to the first respondent, the petitioner wanted to transfer that land to a quarry owner and since respondents 1 to 3 objected, the petitioner became enmical towards respondents 1 to 3. That is why the petitioner filed this Writ Petition making unwarranted allegations.

6. The petitioner stated that when the first respondent was working in U.S.A., he was looking after the affairs of his brother Joseph Mathew (Mony) and he had even planted an extent of 7.82 acres of land for him. According to the petitioner, he was doing everything which his brother wanted. The petitioner stated that he is not interested in any property and he is interested only in the welfare of his brother Joseph Mathew (Mony).

7. The allegations and counter allegations made by the parties need not be enquired into and decided in this Writ Petition. What is important is the welfare of Joseph Mathew (Mony), who is allegedly having mental illness. If he is having mental illness, it is necessary that he gets proper treatment. On the other hand, if he does not have mental illness, it is necessary to protect his interests by the intervention of the appropriate law enforcement agency. There is nothing to disbelieve the statement given by Dr.Joseph Varghese of Malankara Orthodox Syrian Church Medical College Hospital, Kolencherry, and the medical records kept by the said hospital, which were produced along with the report of the Inspector of Police. In view of the medical evidence available before this Court, we do not think it is necessary to summon Joseph Mathew (Mony) before this Court at this stage and subject him for further examination by a medical team. At the same time, we are not dismissing outrightly the allegations made by the petitioner as well. To protect the interests of Joseph Mathew (Mony), we direct the Inspector of Police (Circle Inspector of Police), Erattupettah to make periodical visits to the house of Joseph Mathew (Mony) and if he finds that Joseph Mathew (Mony) is put to any harassment by respondents 1 to 3, he shall submit a report to this Court in this Writ Petition. If it is found that further probe is required in the matter, the Writ Petition will stand revived to enable the court to pass further orders in the matter. The Inspector of Police, Erattupettah (Circle Inspector of Police) is suo motu impleaded as additional respondent No.7 in this Writ Petition. Government Pleader takes notice for additional seventh respondent.

With the above observations and directions, the Writ Petition is closed. It is also made clear that any of the parties would be entitled to file appropriate applications in this Writ Petition for further orders, if it becomes absolutely necessary.

A copy of this judgment shall be forwarded to the Inspector of Police (Circle Inspector of Police), Erattupettah for appropriate action.

K.T.SANKARAN JUDGE ANIL K.NARENDRAN JUDGE

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