2025:KER:28591 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 43884 OF 2023 PETITIONERS: 1 SUBRAMONIA IYER ANANATHANARAYANAN AGED 87 YEARS S/O G.A.ANANTHANARAYANA IYER, RESIDING AT ‘VRINDAVAN’, THIRUVIZHA LANE, THIRUNAKKARA WEST, KOTTAYAM-, PIN - 686001 2 LALITHAMBHAL SEETHALAKSHMI, AGED 80 YEARS W/O SUBRAMONIA IYER ANANATHANARAYANAN, RESIDING AT ‘VRINDAVAN’, THIRUVIZHA LANE, THIRUNAKKARA WEST, KOTTAYAM, PIN - 686001 3 DR. SEETHA LAKSHMI LALITHA, AGED 50 YEARS D/O SUBRAMONIA IYER ANANATHANARAYANAN, RESIDING AT ‘VRINDAVAN’, THIRUVIZHA LANE, THIRUNAKKARA WEST, KOTTAYAM, PIN - 686001 BY ADVS. K.S.PRENJITH KUMAR MANU S. BEA MARY BENNY JISMIN JOSE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT POLICE CHIEF KOTTAYAM O/O THE DISTRICT POLICE CHIEF, KOTTAYAM - 686002 WP(C) No.43884 of 2023 2 2025:KER:28591 3 STATION HOUSE OFFICER KOTTAYAM WEST POLICE STATION, KOTTAYAM, PIN - 686039 4 VINOD R. IYER S/O V. RANGANATHAN, 112/7, DWARAKA, 11TH CROSS, 5TH MAIN, MALLESWARAM, BANGALORE, PIN - 560003 GP. SRI. B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.43884 of 2023 3 2025:KER:28591 JUDGMENT Dated this the 2nd day of April, 2025 The writ petition is filed to quash Exts.P1 and P3 notices and prohibit the 3rd respondent from summoning the petitioners to the police station for interrogation. 2. The petitioners 1 and 2 are husband and wife. The 3rd petitioner is their daughter, who is a US citizen. The son of the petitioners 1 and 2 had died on 04.02.2022. The 3rd petitioner has received Exts.P1 and P3 notices from the 3rd respondent, directing the petitioners to make themselves available for interrogation. Although the petitioners requested to reveal the purpose of the interrogation, the 3rd respondent had refused to furnish any details. The petitioners 1 and 2 are octogenarians and are in fragile health. It is impossible for them to appear before the 3rd respondent. Hence, the writ petition. 3. When the writ petition came up for consideration on 22.12.2023, this Court had directed the 3rd respondent to visit the petitioners 1 and 2 at their residence, and record their statements, if felt necessary. WP(C) No.43884 of 2023 4 2025:KER:28591 4. Heard; the learned counsel for the petitioners and the learned Government Pleader. 5. The learned Government Pleader submits that, subsequent to the passing of the interim order dated 22.12.2023, the statements of the petitioners 1 and 2 have been recorded. The petitioners’ further presence is not required. The petitioners have filed a Crl.M.C before this Court, which is pending consideration. 6. On a consideration of the facts and the materials on record, especially the fact that the statement of the petitioners 1 and 2 have already been recorded, I am of the definite view that the petitioners’ further presence is not required. In the said circumstances, I direct the 3rd respondent not to summon the petitioners to the police station for the purpose mentioned in Exts.P1 and P3. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.43884 of 2023 5 2025:KER:28591 APPENDIX OF WP(C) 43884/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE RECEIVED BY THE 3RD PETITIONER BY EMAIL ON 02.12.2023 Exhibit P2 TRUE COPY OF THE REPLY SENT BY THE 3RD PETITIONER TO THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTICE DATED 16.12.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE CAVEAT NO. 17/2023 LODGED BY THE 4TH RESPONDENT BEFORE THE SUB COURT KOTTAYAM Exhibit P5 A TRUE COPY OF THE CAVEAT NO. 63/2023 LODGED BY THE 4TH RESPONDENT BEFORE THE MUNSIFF’S COURT KOTTAYAM Exhibit P6 . A TRUE COPY OF LETTER DATED 08.01.2024 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF RECEIPT DATED 10.01.2024 RECEIVED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF NOTICE DATED NIL ISSUED BY THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE FIR NO. 99/2024 DATED 17.01.2024 OF KOTTAYAM WEST POLICE STATION