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CDJ 2026 Ker HC 479 print Preview print print
Court : High Court of Kerala
Case No : WP(C) No. 10666 of 2026
Judges: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MR. JUSTICE BASANT BALAJI
Parties : N.S. Kavitha Versus State Of Kerala, Represented By Secretary, Home Department, Kerala Government, Thiruvananthapuram & Another
Appearing Advocates : For the Petitioner: V. John Sebastian Ralph, Vishnu Chandran, Ralph Reti John, Giridhar Krishna Kumar, T.A. Geethu, Mary Greeshma, Liz Johny, Krishnapriya Sreekumar, P.S. Abhijith, Devika Manoj, Ashuthosh P. Kamath, Advocates. For the Respondents: K.R Ranjith, Sr GP, V. Ramkumar Nambiar, Sathya Sreepriya, Advocates.
Date of Judgment : 31-03-2026
Head Note :-
Comparative Citation:
2026 KER 28754,
Judgment :-

Devan Ramachandran, J.

1. The Report of the Station House Officer, Njarakkal Police Station, dated 21.03.2026, is available; and its contents are rather compelling.

2. Since the report says that the person in need of care appears to have acted in a violent manner in the past, and is drawn to such behaviour even now, we are certain that he should be given care and treatment in a proper facility.

3. Sri.John Sebastian Ralph - learned counsel for the petitioner, submitted that his client will assist in every manner, by ensuring that there is one or the other relative, including herself, to be with the person in need of care is admitted as an inpatient.

4. Sri.V.Ramkumar Nambiar and Smt.Sathya Sreepriya – learned Amici Curiae appointed by this Court in mental healthcare matters, also recommended that the person in need of care be immediately shifted to a proper facility, so that his life can be saved and citizens be saved of any unwitting untoward incidents in future from his hands.

5. Sri.Ranjith K.R. - learned Government Pleader, submitted that the Police can assist in the shifting of the person to the Government Mental Health Centre, Thrissur; and that he will be given all benefits as available under the District Mental Health Programme (‘DMHP’) - which was brought to our notice by the learned Amicus Curiae, Smt.Sathya Sreepriya.

6. The afore submissions of the learned Government Pleader are recorded.

7. We consequently direct the 2nd respondent - Station House Officer, to assist the petitioner and her relatives to shift the person in need of care to the Government Mental Health Centre, Thrissur, forthwith; however, clarifying that this shall be done without intruding to his privacy and by employing Officers who are not in uniform and without using any official insignia.

8. We  further  requested  the  learned Government Pleader to instruct the Government Mental Health Centre, Thrissur, to ensure that the person is admitted to their care as per the protocols required and given all benefits under the ‘DMHP’ without fail.

9. We finally record the submissions of the learned counsel for the petitioner that his client or her relatives will be available with the person who needs care, as far as practically possible; and that, should there be any reason for expenses, those will also be met by her.

                  This Writ Petition is thus closed on the afore directions; but we order that a report be filed by the Government Mental Health Centre, Thrissur, through the learned Amici Curiae, which will be placed before us on 19.05.2026 for our consideration and directions as warranted.

 
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