IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 16707 OF 2022
PETITIONERS:
1 SREENATH V. R
AGED 33 YEARS
SON OF RAMAKRISHNAN P K, SREEBHAVAN(VALAVIL),
MARAVANTHURUTH, KULASEKHARAMANGALAM,
KOTTAYAM, PIN - 686608
2 LINET SEBASTIAN
AGED 32 YEARS
DAUGHTER OF SEBASTIAN, PULIMOOTIL, KALANKY P. O,
VAYATHUR, KANNUR, PIN - 670705
BY ADV JOMY K. JOSE
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOTTAYAM, PIN - 686001
2 THE STATION HOUSE OFFICER
THALAYOLAPARAMBU POLICE STATION, THALAYOLAPARAMBU,
KOTTAYAM DISTRICT, PIN - 686605
3 ANEESH
EDATTU HOUSE, MARAVANTHURUTH P. O,
VAIKOM, KOTTAYAM, PIN - 686608
4 JAYACHANDRAN
THURAVALLOR HOUSE, MARAVANTHURUTHU P. O,
VAIKOM, KOTTAYAM, PIN - 686608
5 RENUKA
WIFE OF RAMAKRISHNAN P. K, SREEBHAVAN
(VALAVIL),MARAVANTHURUTHU, KULASEKHARAMANGALAM,
KOTTAYAM, PIN - 686608
6 SREEJA RAMAKRISHNAN
SREEBHAVAN, MARAVANTHURUTHU P. O, VAIKOM,
KOTTAYAM, PIN - 686608
BY ADVS.
LEEJOY MATHEW.V.
JISSMON A KURIAKOSE
REGHU SREEDHARAN(K/653/2020)
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16707 OF 2022
2
JUDGMENT
Dated this the 7th day of July, 2022 This writ petition is filed seeking the following prayers:
"(i) To issue a writ of mandamus or direction to the respondents 1 and 2 to render necessary police protection to the life of the petitioners.
(ii) Declare that the petitioners are entitled to get police protection to their life and the respondents 1 and 2 are duty bound to extend police protection to the petitioners"
2. Heard the learned counsel for the petitioners, the learned Government Pleader, the learned counsel appearing for respondents 5 and 6 as well as the learned counsel appearing for the 4th respondent.
3. It is submitted by the learned counsel for the petitioners that the petitioners are husband and wife and that respondent 3 to 6 are illegally threatening the petitioners and the peaceful life of the petitioners is under threat from respondents 3 to 6. It is submitted that Ext.P1 and further complaints have been preferred before the police, but no action has been taken thereon.
4. A counter affidavit has been placed on record by respondents 5 and 6 stating that respondents 5 and 6 are the mother and sister of the WP(C) NO. 16707 OF 2022 3 1st petitioner and that the disputes between the petitioners are essentially civil in nature. It is contended that complaints have been raised against the petitioners also and that an FIR is registered against the 1st petitioner and another on the complaint of the 5th respondent.
5. The learned counsel appearing for the 4th respondent submits that the 4th respondent is only a neighbor of the petitioners and he is completely unconnected with the allegations raised. It is contended that there is absolutely no complaint against the 4th respondent in any of the complaints submitted by the petitioners and that the impleadment of the 4th respondent as a party in this writ petition is only intended to harass him.
6. A reply affidavit has been placed on record by the petitioners in which it is stated that respondents 5 and 6 are threatening and attacking the 2nd petitioner and that the 2nd petitioner is living in fear for her life and for that of her child. It is stated that an FIR has been registered against respondents 5 and 6 on the complaint made by the petitioners for offences under Section 498-A read with Section 34 of the Indian Penal Code. It is further contended that the petitioners are not being WP(C) NO. 16707 OF 2022 4 permitted to live in their house by respondents 5 and 6.
7. I have considered the contentions advanced on all sides. It appears that the disputes between the parties, that is with petitioners and respondents 5 and 6, are essentially in the nature of civil disputes with regard to the right to the property. If that be so, it cannot be resolved through these proceedings or by resorting to complaints before the police or seeking police protection. The parties have to approach the civil court and get their rights decided. On the contention raised by the 2nd petitioner with regard to physical assault, an FIR has already been registered. There is also an FIR registered with regard to the complaint raised by the 5th respondent.
8. In the above view of the matter, I am of the opinion that this is not a case where orders of police protection can be issued. The issues are left open to be decided in appropriate proceedings in accordance with law. However, in case of any overt act by any of the parties against the other, complaints can be submitted before the police who shall take appropriate action, in accordance with law, on such complaints. WP(C) NO. 16707 OF 2022 5 This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 16707 OF 2022 6 APPENDIX OF WP(C) 16707/2022 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17-5-2022 Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE MARRIAGE OFFICER THALAYOLAPARAMBU DATED 3-8-2020 Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONERS BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM DATED 14-9-2020 Exhibit P4 A TRUE COPY OF THE CAUSALITY REFERRAL RECORDS DATED 14-9-2020 ISSUED BY KOTTAYAM MEDICAL COLLEGE IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4 Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE PHOTOGRAPHS OF THE 2ND PETITIONER EXHIBIT P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER EXHIBIT P8 A TRUE COPY OF THE FIR IN CRIME NO. 800/2020 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM RESPONDENTS' EXHIBITS EXHIBIT R5 A TRUE COPY OF CMP 158/2020 IN MC 19/2020 EXHIBIT R5 B TRUE COPY OF ORDER GRAMA NYAYALAYA VAIKOM IN CMO 158/2020 DATED 28/07/2020 EXHIBIT R5 C TRUE COPY OF COMPLAINT DT.31/08/2020 BEFORE CIRCLE INSPECTOR THALAYOLAPARAMBU EXHIBIT R5 D TRUE COPY OF COMPLAINT DT. 4/6/2022 BEFORE SHO THALAYOLAPARAMBU EXHIBIT R5 E TRUE COPY OF RECEIPT DT.4/6/2022 ISSUED BY THALAYPLAPARAMBA POLICE STATION