Kerala High Court
Ammini vs The Director General Of Police (Law & ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 5153 OF 2024
PETITIONER:
AMMINI
AGED 72 YEARS
W/O LATE MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT, PIN - 682508
BY ADVS.
A.V.JOJO
A.X.VARGHESE
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE (LAW & ORDER),
THIRUVANANTHAPURAM., PIN - 695010
2 STATION HOUSE OFFICER
NARAKKAL POLICE STATION, ERNAKULAM DISTRICT., PIN -
682505
3 SUB INSPECTOR OF POLICE
NARAKKAL POLICE STATION, ERNAKULAM DISTRICT., PIN -
682505
4 NIXON.K.M
S/O MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT., PIN - 682508
5 *[DIVYA,
W/O MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT, PIN - 682508] *[AS PER ORDER DATED
28.02.2024 IN I.A-1/2024 IN WP(C) 5153/2024, THE
ADDRESS OF R5 IS CORRECTED AS "DIVYA, W/O NIXON.K.M.,
KALATHIVEETTIL HOUSE, PUTHUVYPE, ERNAKULAM DISTRICT,
682 508"].
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR(KAR/171/1998)
ATHUL M.V.(K/1539/2018)
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5153 OF 2024 2
JUDGMENT
The petitioner makes scathing imputations against her son and daughter-in-law, namely, respondents 4 and 5 and say that she, along with her elder son and grandson, had been attacked by them in the past. She explains that this has been done by the party respondents to drive her away from the house where she is presently residing; and that, therefore, she had no other option, but to seek police protection from the 3rd respondent through Ext.P3, which has, however, been denied. She thus prays that respondents 2 and 3 be directed to afford necessary protection to her life, as also that of her family, ensuring that she does not face any physical threat from respondents 4 and 5.
2. However, in response to the afore submissions of Sri.Jojo A.V. - learned counsel for the petitioner, the learned counsel appearing for respondents 4 and 5 - Sri.B.Pramod, submitted that the afore assertions are all untrue and factually incorrect; and that it is, in fact, his clients who have been attacked by the petitioner's elder son and grandson. He added that his clients have not and will not commit any act of violence against the petitioner, nor do they have any reason to do so; and that this is true with respect to the allegations of threat and intimidation. He thus prayed that this writ petition be dismissed.
3. The learned Government Pleader - Sri.P.M.Shameer affirmed WP(C) NO. 5153 OF 2024 3 that, at the moment, the petitioner is not facing any threat from any person including respondents 4 and 5 and that this is because the Police have taken every necessary measure to protect her. He added that the Police will continue to maintain vigil and will ensure that no one, including the party respondents, are allowed to take law into their own hands, or to commit any act in violation of law.
4. The afore stand of the learned Government Pleader is the most apposite in the given circumstances, because they cannot involve themselves in any civil disputes between the parties; but are enjoined to ensure that their lives are adequately protected, as in the case of every other citizen. Since they say that they are already doing so and that the petitioner and her property has been kept away from harm in such manner, I see no reason to keep this writ petition pending on the files of this Court any further.
5. Resultantly, I record the afore submissions of the learned Government Pleader; with a consequential direction to the 2 nd and 3rd respondents to ensure that the life and property of the petitioner are adequately protected from any threat - be that from the party respondents or anyone else, and that she is able to live a life of peace and dignity, without any breach.
6. Needless to say, if the petitioner is to make any further WP(C) NO. 5153 OF 2024 4 complaint before respondents 2 and 3, same will be taken note of and necessary action initiated thereon to the fullest warrant of law.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/15.4 WP(C) NO. 5153 OF 2024 5 APPENDIX OF WP(C) 5153/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CASH BILL RECEIPT ISSUED BY THE KRISTHU JAYANTHI HOSPITAL, PERUMPILLY IN THE NAME OF TONY NELSON DATED 4/2/2024.
Exhibit P2 TRUE COPY OF THE CASH BILL RECEIPT ISSUED
BY THE KRISTHU JAYANTHI HOSPITAL,
PERUMPILLY IN THE NAME OF MARY SONA DATED
4/2/2024 .
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 5/2/2024
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED FROM THE
NARAKKAL POLICE STATION TO THE PETITIONER DATED 6/2/2024.