Kerala High Court
Robin Manuel vs The Kerala State Police Chief on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 11911 OF 2024
PETITIONER:
ROBIN MANUEL, AGED 52 YEARS
S/O. MANUEL, KOLLAMPARAMBIL HOUSE, MUNDANMUDY P.O,
VANNAPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
BASIL MATHEW
RESPONDENTS:
1 THE KERALA STATE POLICE CHIEF
POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM.,
PIN - 695010
2 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, THODUPUZHA-
PULIYANMALA ROAD, IDUKKI COLONY POST, CHERUTHONI, IDUKKI
DISTRICT, PIN - 685602
3 THE STATION HOUSE OFFICER
KALIYAR POLICE STATION, VANNAPURAM - KALIYAR ROAD,
KALIYAR, THODUPUZHA, IDUKKI DISTRICT, PIN - 685607
4 SABU ABRAHAM
S/O. ABRAHAM, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPURAM VILLAGE, THODPUZHA, IDUKKI
DISTRICT, PIN - 685607
5 SIJO T.J
S/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRICT, PIN - 685509
6 LIJIMOL T.J
D/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRICT, PIN - 685509
7 LALI JOHN
W/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRIC, PIN - 685509
8 JOY JACOB @ JOSE
S/O. CHACKO, PUTHENVEETTIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
9 ANEX SEBASTIAN @ MATHUKUTTY
WP(C) NO.11911 of 2024
2
S/O. SEBASTIAN MATHEW, MLAKUZHIYIL HOUSE, MUNDANMUDI PO,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
10 SEBASTIAN MATHEW @ SIBI
S/O. MATHEW, MLAKUZHIYIL HOUSE, MUNDANMUDI PO,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
11 TIJI
S/O. MATHAI, KARINTHOLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
12 EBIN SIBI
S/O. SIBI, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
13 SIBI ABRAHAM
S/O. ABRAHAM, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
14 APREM @ APPU
S/O. APREM, PALLIVATHUKKAL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
15 BENNY
MARATTIL HOUSE, MUNDANMUDI PO, NARUMKANAM, VANNAPPURAM
VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN - 685607
16 BIJU
VAKKATHIKALLEL HOUSE, MUNDANMUDI PO, NARUMKANAM,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
17 JOY
VELIYATHUMALIL HOUSE, MUNDANMUDI PO, NARUMKANAM,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
BY ADV M.V.RAJENDRAN NAIR
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11911 of 2024
3
JUDGMENT
The petitioner says that the 6th respondent
- who is his sister-in-law, along with her children, have now illegally trespassed into his house and are residing therein with the intent of staking claim over it. He says that this design is obvious because, after having broken into his house, on 17.01.2024, she filed Ext.P4 petition before the Family Court, Kattappana purportedly under Section 125 of Code of Criminal Procedure, arraying her husband (his brother) as the only respondent for maintenance and claiming that she has been residing in the house in question since her marriage with him, in the year 2018. He says that all these assertions are incorrect and untrue, made with the singular design of ousting him from his own house; and hence that he had no other option, WP(C) NO.11911 of 2024 4 but to approach the police for protection through Ext.P5, but which has been denied to him; thus constraining him to approach this Court through this writ petition.
In response to the afore assertions of the petitioner, as made by his learned counsel - Sri.Biju C.Abraham, the learned counsel appearing for the 6th respondent - Sri.M.V.Rajendran Nair, submitted that, contrary to the allegations in the writ petition, his client has been living in the house in question for the last more than six years, after she was married in 2018; and that this petition has been filed to throw her out from there, particularly when she has already approached the competent Court. He contended that the house is now a shared household and hence that the petitioner cannot oust his client or her children WP(C) NO.11911 of 2024 5 therefrom, when litigation touching upon it is still pending. He thus prayed that this writ petition be dismissed.
Sri.P.M.Shameer - learned Government Pleader, submitted that the police have enquired into the complaint of the petitioner, to find that the 6th respondent and her children are residing in the house; but that they have not been able to fully understand whether she commenced her residence in the recent past as alleged, or if she has been there from the year 2018. He argued that these are matters beyond the purview of the police; but that they are willing to protect the petitioner also, if he intends to stay in the same residence, especially when the 6th respondent does not object to the same.
WP(C) NO.11911 of 2024 6 In reply, Sri.Biju C.Abraham -learned counsel for the petitioner, submitted that the above explanation offered by the 6th respondent is extremely suspect because, the house was constructed much after her marriage in the year 2018 and he pointed out to the photographs produced on record as Ext.P12 series, in substantiation. He thus prayed that the reliefs sought for this writ petition be granted.
I am afraid that I cannot find either in favour of the petitioner or the 6th respondent in this judgment, for the simple reason that Ext.P4 application, at the instance of the latter, is pending before the competent Family Court. If this Court is to find in any manner in favour of the assertions of either of the rival parties, then the said proceedings would be prejudiced, WP(C) NO.11911 of 2024 7 which I cannot do while acting under the "police protection" jurisdiction.
As matters now stand, it is virtually without contest that the 6th respondent and her children are living inside the house - though the petitioner asserts that this has been done through a trespass on 17.01.2024; while she asserts that she has been living there for the last several years. It is also pertinent that, even the 6th respondent does not have a case that the petitioner cannot reside in the house; and in fact, it is her specific assertion that it is a shared house hold. Obviously, therefore, the police can only help the petitioner in entering the house and remaining there within his space, including his private bedroom and such other; but cannot take any action to oust the 6 th WP(C) NO.11911 of 2024 8 respondent and her children, when Ext.P4 is still pending.
In the afore circumstances, I record the afore undertakings of the learned Government Pleader; with a consequential direction to the 3rd respondent - Station House Officer to ensure that the petitioner, as also the 6th respondent and her children, are able to live in the house in question in peace, without causing any threat or intimidation to each other; and that any legal action on their part, including violence and such other, be dealt with sternly, as and when it is reported; and this shall be done without reservation and to the fullest warrant of law.
As far as the parties are concerned, their remedies before the competent Courts are left open. The rival assertions as afore are in the WP(C) NO.11911 of 2024 9 factual realm, which will have to be established by the parties appropriately; and in which, the police cannot intervene, though they will be at full obligation to maintain law and order and to ensure that the lives of the parties are protected from each other.
The 2nd respondent - District Police Chief will oversee the afore directions and ensure that they are implicitly complied with.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO.11911 of 2024 10 APPENDIX OF WP(C) 11911/2024 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
2457/2014 DATED 18/8/2014 Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 6/11/2023 Exhibit P3 TRUE COPY OF THE 6TH RESPONDENTS BANK PASSBOOK SENT TO THE PETITIONER BY THE 4TH RESPONDENT DATED ON 15/01/2024 Exhibit P4 TRUE COPY OF CRL. M.P. NO. 2/2024 IN M.C. NO.
7/2024 DATED 12/01/2024 ON THE FILES OF FAMILY COURT, KATTAPPANA Exhibit P5 A TRUE COPY OF THE COMPLAINT WITH POSTAL RECEIPT DATED 18/1/2024 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE COMPLAIT DATED 1/2/2024 THUS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE EMAIL RECEIPT DATED ON 07/02/2024 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF THE COMPLAINT WITH POSTAL RECEIPT DATED 20/2/2024 THUS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE COMPLAINT WITH POSTAL RECEIPT DATED 23/2/2024 THUS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P10 THE PETITIONER IS REGULARLY REMITTING THE EMI OF RS. 33835/- WITH LICHFL, THE RECEIPTS DATED 13/02/24 Exhibit P11 TRUE COPY OF THE AADHAAR CARD NO. 571885127821 OF HER ELDER SON NOEL RIXON SHOWING THE PERMANENT RESIDENCE OF THE 6TH RESPONDENT