Thottathil B. Radhakrishnan, J.
On the assertion that the petitioner is the grandson of the alleged detenue, a writ in the nature of habeas corpus was sought to be issued. Notice was issued to the third respondent who, admittedly, is the biological son of the alleged detenue, to produce her. She is produced before us today in a wheel chair. We interacted with her. She is well oriented. She asserts that the third respondent is her only progeny and that she has nothing to do with the petitioner. Though we are told on behalf of the petitioner that there are some litigations pending between the parties, we are not concerned with any such issue in the course of adjudication of this writ petition. But, one thing is certain; that, this is a clear case of abuse of the process of court and the resultant situation is nothing but violation of human rights as regards the alleged detenue who says that she is about 95 years of age, while the writ petitioner proceeds saying that she is 78 years of age. Whatever that be, we see that she is in good company of her son, who is the third respondent, and both them are dragged to this Court merely on a request of writ of habeas corpus on groundless pleadings. We are of the view that this is a clear case which should visit the petitioner with exemplary costs which would go as compensation to the alleged detenue Rajeena to be deposited in her name in a bank which will derive interest and would be utilized for her exclusively.
In the result, this writ petition is dismissed and the petitioner is directed to deposit an amount of `1,00,000/- (Rupees one lakh only) in the form of fixed deposit in the name of the detenue Rajeena with the State Bank of India in a branch in Alappuzha and handover that fixed deposit receipt to the Registrar General of this Court within a period of two weeks from today. In the event of failure of compliance of this direction, further steps could be taken to compel enforcement of the said order of costs, including by arrest and detention, if necessary.
Post after three weeks for reporting compliance as to deposit as aforedirected.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
Sd/-
BABU MATHEW P. JOSEPH JUDGE True copy P.S.To Judge