Kerala High Court
Jameela Beevi vs State Police Chief on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 10397 OF 2024
PETITIONERS:
1 JAMEELA BEEVI, AGED 64 YEARS,
D/O MAITHEENBEEVI, SHIBU MANZIL,
KARIYARA P.O.,VILAKKUDI VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691332.
2 FATHUMUTHU, AGED 61 YEARS,
D/O MAITHEENBEEVI,
NAHAKAR AZHIKATHU VEEDU,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
BY ADV A.SANIL KUMAR
RESPONDENTS:
1 STATE POLICE CHIEF, POLICE HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010.
2 SUPERINTENDENT OF POLICE
KOLLAM (RURAL) OFFICE OF THE DISTRICT POLICE CHIEF,
T.B.JUNCTION, KOTTARAKKARA, KOLLAM, PIN - 691506.
3 STATION HOUSE OFFICER,
PUNALUR POLICE STATION, PUNALUR,
KOLLAM DISTRICT, PIN - 691305.
4 NAZAR, AGED 45 YEARS, S/O BASHEER,
MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
5 HANEEFA @SAYIP, AGED 55 YEARS,
MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
6 MADAMMA, AGED 50 YEARS,
W/O HANEEFA @ SAYIP, MARUTHIVILA HOUSE,
KARIYARA P.O., VILAKKUDI VILLAGE,
WP(C) NO. 10397 OF 2024
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PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691332.
7 JINIDA, AGED 35 YEARS,
D/O SAYIP, MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
8 SUBAIR, AGED 50 YEARS,
S/O KUDILI SUBAIR, KUNNUMMEL PURAYIDOM,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691332.
9 THARAMMA, AGED 50 YEARS,
W/O SUBAIR, KUNNUMMEL PURAYIDOM,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
10 JUSSARA, AGED 40 YEARS, W/O NISSAM,
MALAMETHU VEEDU, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
BY ADV.SRI.NIRMAL V. NAIR, SC
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10397 OF 2024
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JUDGMENT
The petitioners, who are stated to be siblings and living alone in a house, allege that respondents 4 to 10, who are their neighbours, are continuously harassing them. They say that they have, therefore, preferred a complaint against them, which is registered as Crime No.573/2022 of Punalur Police Station; and that, being infuriated by this, the said respondents are attempting to attack them and even do them away. They say that, they, therefore, preferred Exts.P6, P7 and P8 complaints before respondents 1 to 3, seeking police protection; but that no action has been taken thereon, thus constraining them to have approached this Court through this writ petition.
2. Sri.P.M.Shameer - learned Government Pleader, in response to the afore submissions of WP(C) NO. 10397 OF 2024 -4- Sri.Sanil Kumar A. - learned counsel for the petitioners, submitted that the facts as stated above do not appear to be fully correct, though the Police do not want to make any comment on the internecine disputes between the parties. He submitted that the Police will offer adequate protection to all citizens, including the petitioners and party respondents; and that they will intervene whenever there is any infraction of peace.
3. Sri.Nirmal V.Nair - learned counsel for respondents 4 to 10, submitted that the imputations made by the petitioners against his clients are wholly untrue; and that they had never and do not intend to cause any harm, much less to commit an attack on the petitioners. He submitted that his clients are actually being harassed by the petitioners, by being implicated in one Crime or another on a regular basis, and WP(C) NO. 10397 OF 2024 -5- that they apprehend that their move to approach this Court is with the intent to create evidence against them, so as to implicate them further in either criminal or civil cases. He added that his clients reiterate that they have no intent to commit any Crime against the petitioners or anyone else, since they are law abiding citizens.
4. The afore narrative makes it clear that the petitioners have approached this Court under the apprehension of being attacked by respondents 4 to 10; while the said respondents say that they have no intent to do so at all. In fact, the learned Government Pleader also seems to affirm this to some extent.
In the afore circumstances, I allow this writ petition, directing the 3rd respondent - Station House Officer, to ensure that law and order is maintained in the area in question; and WP(C) NO. 10397 OF 2024 -6- that neither of the parties are allowed to take law into their own hands; for which, both of them will be given necessary protection, as and when required, depending upon the circumstances presented.
Needless to say, any attempt by either of the parties to take law into their own hands, will be dealt with by the Police with the seriousness that it deserves and to the fullest warrant of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 10397 OF 2024 -7- APPENDIX OF WP(C) 10397/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.04.2012 ISSUED BY THE VILAKUDY VILLAGE OFFICER TO THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.573/2022 OF THE PUNALUR POLICE STATION EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 02.01.2023 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE 1ST PETITIONER EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF COMPLAINT DATED 03.01.2023 ISSUED FROM THE PUNALUR POLICE STATION TO THE 1ST PETITIONER EXHIBIT P5 TRUE COPY OF THE MEDIAL RECORD OF THE 1ST PETITIONER ISSUED FROM TALUK HEADQUARTER HOSPITAL AT PUNALUR EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER