IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO.13978 OF 2022
PETITIONER :-
ANEELA XAVIER, AGED 39 YEARS
D/O. XAVIER, NOW RESIDING AT ARA 45,
KRISHNA, VALAVI ROAD, KACHERYPADY,
ERNAKULAM DISTRICT - 682 018
BY ADVS.
T.MADHU
K.V.BINOD
C.R.SARADAMANI
SHAHID AZEEZ
RENJISH S. MENON
RESPONDENTS :-
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE COMMISSIONER OF POLICE
KOCHI CITY, OFFICE OF THE COMMISSIONER OF POLICE,
KOCHI CITY, ERNAKULAM DISTRICT - 682 035.
3 THE STATION HOUSE OFFICER
CENTRAL POLICE STATION, KOCHI CITY,
ERNAKULAM DISTRICT - 682 018.
4 K.R SAJEEV, AGED 54 YEARS
S/O. RAJU, NOW RESIDING AT KRISHNA KRIPA,
AMBEDKAR ROAD, VENNALA, EDAPPALLY SOUTH VILLAGE,
ERNAKULAM DISTRICT - 682 028.
5 ABHIJITH, AGED 25 YEARS
S/O.K.R.SAJEEV, NOW RESIDING AT KRISHNA KRIPA,
AMBEDKAR ROAD, VENNALA, EDAPPALLY SOUTH VILLAGE,
ERNAKULAM DISTRICT - 682 028.
6 BIJI MOL, AGED 48 YEARS
DIRECTOR, M/S. AAG INDIA PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT 40/7491,
WP(C) Nos.13978 & 16896 OF 2022
-: 2 :-
SHARMA BUILDING, Y.M.C.A JUNCTION,
CHITTOOR ROAD, ERNAKULAM.
BY ADVS.
V.V.NANDAGOPAL NAMBIAR
CHITRA JOHNSON
SMITHA (EZHUPUNNA)
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, ALONG WITH WP(C).16896/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13978 & 16896 OF 2022
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO.16896 OF 2022
PETITIONER :-
BIJIMOL, AGED 51 YEARS
D/O.JOSEPH, DIRECTOR, AAG INDIA PRIVATE LTD.,
DOOR NO.42/2237, "KRISHNA"
BEHIND ERNAKULAM MEDICAL CENTER,
VENNALA JANATHA ROAD, VENNALA, COCHIN - 682 028.
BY ADVS.
V.V.NANDAGOPAL NAMBIAR
SMITHA (EZHUPUNNA)
CHITRA JOHNSON
RESPONDENTS :-
1 COMMISSIONER OF POLICE
KOCHI CITY, KOCHI, ABDUL KALAM MARG,
MARINE DRIVE, ERNAKULAM, KERALA - 682 011.
2 THE STATION HOUSE OFFICER
CENTRAL POLICE STATION, OLD RAILWAY STATION ROAD,
ERNAKULAM - 682 018.
3 ANEELA XAVIER
D/O.XAVIER, NOW RESIDING AT ARA 45,
KRISHNA, VALAVI ROAD, KACHERIPADY, KOCHI - 18.
BY ADVS.
T.MADHU
K.V.BINOD
C.R.SARADAMANI
SHAHID AZEEZ
RESHMA SANTHOSH
RENJISH S. MENON
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, ALONG WITH WP(C).13978/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13978 & 16896 OF 2022
-: 4 :-
JUDGMENT
[WP(C) Nos.13978/2022 and 16896/2022] Dated this the 14th day of June, 2022 W.P.(C) No.13978/2022 is filed seeking directions to respondents 2 and 3 to afford adequate and meaningful police protection to the life and property of the petitioner to enable her to reside in her shared household at ARA 45, Krishna, Valavi Road, Kacheripady, Ernakulam. W.P.(C) No.16896/2022, on the other hand, is filed by a Director of a Company seeking directions to the 2nd respondent not to harass the petitioner and to take appropriate legal action in the event of breach of law in the guest house belonging to the Company at ARA 45, Krishna, Valavi Road, Kacheripady.
2. The contentions in the writ petitions are to the effect that the petitioner in W.P.(C) No.13978/2022 had a living in relationship with one Shyam Prasad. It is submitted that thereafter the said relationship was strained and the petitioner had started living with the 4th respondent, who was the former Managing Director of the Company, of which the petitioner in W.P.(C) No.16896/2022 is a Director. It is stated that the petitioner had been inducted into a premises of the Company, that is, ARA 45, Krishna, Valavi Road, Kacheripady by the 4 th respondent and had WP(C) Nos.13978 & 16896 OF 2022 -: 5 :- been in possession of the first floor of the building belonging to the Company in her capacity as a live-in partner of the former Managing Director, the 4th respondent. It is submitted that the Company and its officials had attempted to evict the petitioner from the shared household and the petitioner had preferred applications before the police as well as before the Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005 and Ext.P4 order was passed. However, even thereafter, the petitioner is not being permitted to reside in the premises. It is submitted that a civil suit had also been filed by the Company against the petitioner. It is submitted that in the said suit also, the contention of the Company was that the petitioner was in possession of the first floor of the building and that no mandatory injunction was granted and therefore, the petitioner continued to reside in the property.
3. The petitioner in W.P.(C) No.16896/2022 contends that the order of the judicial Magistrate in the Domestic Violence Act had been subjected to challenge before this Court and that the proceedings stand stayed. It is stated that in a suit filed by the Company, Ext.P1 ad-interim order of injunction had been issued prohibiting the 3rd respondent, her men and agents from trespassing into 'A' schedule property, causing damages and WP(C) Nos.13978 & 16896 OF 2022 -: 6 :- inducting strangers in the 'A' and 'B' schedule properties. It is submitted that violating the order of injunction, the 3 rd respondent had attempted to encroach into the premises and stay there and that on a complaint submitted by the 3 rd respondent, Ext.P5 proceedings had been issued by the Sub Inspector of Police requiring the petitioner to reinstate the water connection and to repair the plumbing in the said premises. The learned counsel for the petitioner submits that since the issue is pending before the civil court as well as before this Court in a Crl.M.C., the interference by the 2nd respondent in the dispute between the petitioner and the 3rd respondent is completely unwarranted and illegal.
4. Having considered the contentions advanced, I notice that the petitioner in W.P.(C) No.13978/2022 has approached the Magistrate with a complaint with regard to eviction from a shared household. The issue now is pending before this Court in Crl.M.C. No.2425/2022. The question with regard to the right of the petitioner is also subject to a civil dispute in O.S. No.191/2021 pending before the Munsiff Court, Ernakulam. In the above view of the matter, I am of the opinion that the interference by the police in the proceedings by issuance of Ext.P5 in W.P.(C) No.16896/2022 is unwarranted.
WP(C) Nos.13978 & 16896 OF 2022 -: 7 :- There will, accordingly, be a direction to the Station House Officer not to involve in the civil dispute pending between the Company and the 3rd respondent as is evident from the injunction order. All other questions are left open to be decided in the proceedings pending before the civil court as well as in the proceedings under the Protection of Women from Domestic Violence Act. In case there is any law and order problem, the parties may approach the Station House Officer, who shall take appropriate action, in accordance with law.
Sd/-
ANU SIVARAMAN JUDGE Jvt/15.6.2022 WP(C) Nos.13978 & 16896 OF 2022 -: 8 :- APPENDIX OF WP(C) 13978/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOGRAPH OF THE FOURTH RESPONDENT APPLYING VERMILION ON THE FOREHEAD OF THE PETITIONER.
Exhibit P1(a) THE TRUE COPY OF THE PHOTOGRAPH OF THE FOURTH RESPONDENT GIVING PUDAVA TO THE PETITIONER AS PART OF MARRIAGE CEREMONY.
Exhibit P1(b) THE TRUE COPY OF THE PHOTOGRAPH OF THE FOURTH RESPONDENT TYING THALI ON THE NECK OF THE PETITIONER.
Exhibit P1(c) THE TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER AND THE FOURTH RESPONDENT ENTERING THE HOUSE OF THE FOURTH RESPONDENT AFTER MARRIAGE Exhibit P1(d) THE TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER ALONG WITH THE CHILDREN AND RELATIVE OF THE PETITIONER AND THE FOURTH RESPONDENT. Exhibit P2 TRUE COPY OF THE PETITION DATED 18-09-2020 FILED BY THE FOURTH RESPONDENT BEFORE THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM.
Exhibit P3 THE TRUE COPY OF THE COMPLAINT IN M.C NO.
279/2020 DATED 11-09-2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM Exhibit P4 THE TRUE COPY OF THE ORDER DATED 11-3-2022 IN C.M.P NO. 1934/2021 IN M.C NO. 279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM Exhibit P5 THE TRUE COPY OF THE PETITION DATED 14-12-2020 IN M.C NO. 279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM WP(C) Nos.13978 & 16896 OF 2022 -: 9 :- Exhibit P6 THE TRUE COPY OF THE PLAINT IN O.S NO.
1197/2020 DATED 4-12-2020 PENDING BEFORE THE LEARNED MUNSIFF'S COURT, ERNAKULAM Exhibit P7 THE TRUE COPY OF THE PLAINT IN O.SNO. 191/2021 DATED 15-2-2021 PENDING BEFORE THE LEARNED MUNSIFF'S COURT, ERNAKULAM Exhibit P8 THE TRUE COPY OF THE ORDER DATED 17-2-2021 IN I.A NO.2/2021 IN O.S NO. 191/2021 ON THE FILES OF THE FIRST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.
Exhibit P9 THE TRUE COPY OF THE GENERAL DIARY ENTRY OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT FROM THE THIRD RESPONDENT DATED 10-12-2021.
WP(C) Nos.13978 & 16896 OF 2022 -: 10 :- APPENDIX OF WP(C) 16896/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INJUNCTION ORDER IN IA NO.2/2021 IN OS NO.191/2021 DATED 17/02/2021. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16/03/2022 ADDRESSED TO THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 21/03/2022.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 23/04/2022 ADDRESSED TO THE SHO.
Exhibit P5 TRUE COPY OF THE STATEMENT PREPARED AND SIGNED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION DATED 19/05/2022.
RESPONDENT EXHIBITS Exhibit R3(a) THE TRUE PHOTOGRAPH TAKEN AT THE TIME OF MARRIAGE BETWEEN THE THIRD RESPONDENT AND SRI.K.R.SAJEEV, THE FORMER HUSBAND OF THE PETITIONER.
Exhibit R3(b) THE TRUE COPY OF THE COMPLAINT DATED 18/9/2020 FILED BY SRI.K.R.SAJEEV BEFORE THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. Exhibit R3(c) THE TRUE COPY OF THE PETITION IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM Exhibit R3(d) THE TRUE COPY OF THE PETITION DATED 14/12/2020 IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM Exhibit R3(e) THE TRUE COPY OF THE ORDER DATED 11/3/2022 IN CMP NO.1934/2021 IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM Exhibit R3(f) THE TRUE COPY OF THE PLAINT IN OS.NO.191/2021 WP(C) Nos.13978 & 16896 OF 2022 -: 11 :- ON THE FILES OF THE MUNSIFF COURT, ERNAKULAM Exhibit R3(g) THE TRUE COPY OF THE ORDER DATED 17/02/2021 IN IA.NO.2/2021 IN OS NO.191/2021 ON THE FILES OF THE FIRST ADDITIONAL MUNSIFF COURT, ERNAKULAM