Kerala High Court
R.Pramod @ Ramakrishnan Promod vs The Commissioner Of Police on 2 August, 2021
WP(C) Nos.20059/2020 &13909/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 20059 OF 2020
PETITIONER/S:
R.PROMOD @ RAMAKRISHNAN PROMOD
AGED 58 YEARS
S/O LATE T.K.RAMAKRISHNAN,TC 25/3215-1,
'PRANAVAM',MRRA-A 17,THOPPIL LANE,
VANCHIYOOR.P.O,TRIVANDRUM-695035.
BY ADV PHILIP J.VETTICKATTU
RESPONDENT/S:
1 THE COMMISSIONER OF POLICE
TRIVANDRUM CITY,POLICE GROUND,
C.V.RAMAN PILLAI ROAD,THYCAUD,
THIRUVANANTHAPURAM-695014.
2 THE STATION HOUSE OFFICE,
VANCHIYOOR POLICE STATION,
VANCHIYOOR ROAD,TRIVANDRUM-695035.
3 PRAKASH,
S/O.LATE T.K.RAMAKRISHNAN,PRESENTLY RESIDING AT
TC.25/3215-1,'PRANAVAM',MRRA-A 17,THOPPIL LANE,
VANCHIYOOR.P.O,TRIVANDRUM-695035.
BY ADV SRI.PRAVEEN VYASAN
OTHER PRESENT:
SMT.REKHA.C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, ALONG WITH WP(C).13909/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20059/2020 &13909/2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 13909 OF 2021
PETITIONER/S:
1 R.PRAMOD @ RAMAKRISHNAN PROMOD
AGED 59 YEARS
S/O. LATE T.K.RAMAKRISHNAN, TC/25/3215-1, PRANAVAM, MRRA-
A 17, THOPPIL LANE, VANCHIYOOR P.O., TRIVANDRUM-695035.
2 PREETHI PROMOD,
D/O. R.PROMOD @ RAMAKRISHNAN PROMOD, TC/25/3215-1,
PRANAVAM, MRRA-A 17, THOPPIL LANE, VANCHIYOOR P.O.,
TRIVANDRUM-695035.
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
RESPONDENT/S:
1 THE COMMISSIONER OF POLICE
TRIVANDRUM CITY, POLICE GROUND, C.V.RAMAN PILLAI ROAD,
THYCAD, TRIVANDRUM-695014.
2 THE STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION, VANCHIYOOR ROAD, TRIVANDRUM-
695035.
3 PRAKASH,
S/O. LATE T.K.RAMAKRISHNAN, PRESENTLY RESIDING AT
TC/25/3215-1, PRANAVAM, MRRA-A 17, THOPPIL LANE,
VANCHIYOOR P.O., TRIVANDRUM-695035.
SMT.REKHA.C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, ALONG WITH WP(C).20059/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.20059/2020 &13909/2021 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos.20059 of 2020
and 13909 of 2021
--------------------------------------
Dated this the 02nd day of August, 2021
JUDGMENT
These two writ petitions are connected and therefore, I am
disposing these writ petitions by a common judgment.
2. W.P.(C.) No. 20059/2020 is filed with following
prayers :
"i) issue a Writ of Mandamus or such other writ, order or
direction direcing respondents 1 and 2 to provide adequate
and effective police protection to the tenants of the petitioner
to enter and occupy the tenanted premises viz.the first floor of
"Pranavam", MRRA-A17, Thoppil Lane, Vanchiyoor,
Trivandrum, without being harassed/ threatened/ abused/
assaulted by the 3rd respondent or anybody under him;
ii) issue a Writ of Mandamus or such other writ, order or
direction directing respondents 1 and 2 to grant adequate and
effective police protection to the tenants of the petitioner for
the ingress and egress to the rented premises situated on the
first floor of "Pranavam', MRRA-A17, Thoppil Lane, Vanchiyoor,
Trivandrum, without obstruction from 3 rd respondent and
anybody under him; and
iii) To grant such other reliefs as this Hon'ble Court may deem
just and fit in the circumstances of the case."
3. Subsequent to the filing of the above writ petition,
WP(C) Nos.20059/2020 &13909/2021 4
W.P.(C.) No. 13909/2021 is filed with the following prayers:
"i) Issue a Writ of Mandamus or such other writ, order or
direction directing respondents 1 and 2 to provide adequate
and effective police protection to the life of the 2 nd petitioner
and also the male servant of the petitioners from the 3 rd
respondent or anybody under him;
ii) Issue a Writ of Mandamus or such other writ, order or
direction directing respondents 1 and 2 to provide adequate
and effective police protection to the 2 nd petitioner and also the
male servant of the petitioners, as against any physical
violence/assault, morally depraved indecent and corrupt and
vulgar and antisocial acts from the 3 rd respondent or anybody
under him;
iii) Issue a Writ of Mandamus or such other writ, order or
direction directing respondents 1 and 2 to provide adequate
and effective police protection to the petitioner's male servant
to enter and take care of the residential building viz.
"Pranavam", MRRA-A17, Thoppil Lane, Vanchiyoor,
Trivandrum, and its premises without being
harassed/threatened/abused/assaulted by the 3 respondent
rd
or anybody under him;
And
iv) To grant such other reliefs as this Hon'ble Court may
deem just and fit in the circumstances of the case"
4. Heard learned counsel for the petitioner, learned
counsel for the contesting respondent and the learned
Government Pleader.
5. Admittedly, the 1st petitioner is the brother of the 3 rd
respondent. It is also an admitted fact that two civil suits are
WP(C) Nos.20059/2020 &13909/2021 5
pending before the civil court in connection with the dispute
about a property. It is also an admitted fact that an injunction
order is also passed by the civil court. It is also an admitted
fact that an application is already filed before the civil court for
violation of the injunction order. In such circumstances, this
Court while invoking the powers under Article 226 of the
Constitution of India is not justified in passing any order in the
subject matter of the suit. But the petitioners submitted that
there is threat to the life of the petitioners and the servants
attached to the petitioners. The counsel submitted that the
servants of the petitioners were not even able to enter the
house because of the threat from the 3 rd respondent. The
Government Pleader submitted that there is already an interim
order in W.P.(C.) No. 20059/2020 and the Police will do the
needful as directed by this Court in the interim order. This
Court as per order dated 28.9.2020 passed the following :
"Notice before admission to the respondents. The learned
Government Pleader takes notice for respondent Nos. 1 and 2
and seeks time to get instructions. Issue urgent notice by
speed post to respondent No.3
Having regard to the submissions advanced by Sri.Philip J
Vettickattu, the learned counsel appearing for the petitioner
and having gone through the records, I direct respondent
Nos. 1 and 2 to maintain law and order and to ensure that no
harm or obstruction is caused to the legal occupants of
WP(C) Nos.20059/2020 &13909/2021 6
'Pranavam' situated at Thoppil Lane, Vanchiyoor,
Thiruvananthapuram by the 3 respondent or any person
rd
claiming under him."
5. In the light of the above order, according to me, this
writ petition can be disposed giving the liberty to the petitioner
and the contesting respondents to raise all their contentions
before the civil court. If there is any threat or obstruction to
the petitioners or their servants, the petitioners are free to
approach the Station House Officer concerned and the Station
House Officer concerned will do the needful.
Therefore, these writ petitions are disposed, retaining the
order dated 28.9.2020 in W.P.(C.) No.20059/2020 with
following further directions :
1) If there is any threat to the life of the petitioners or their
servants, the petitioners are free to approach the Station
House Officer concerned.
2) If such a representation is received, the Station House
Officer concerned will do the needful to see that the life of
the petitioners and their servants are protected.
3) All the contentions of the petitioners and the contesting
WP(C) Nos.20059/2020 &13909/2021 7
respondents about the property dispute are left open.
4) If there is any violation of the injunction order passed by
the civil court, the petitioners are free to approach the
civil court and the civil court will do the needful, in
accordance to law.
5) The civil court while disposing any application, should
dispose the same, untrammelled by any observation in this
judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) Nos.20059/2020 &13909/2021 8
APPENDIX OF WP(C) 13909/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CERTIFIED COPY OF THE
SETTLEMENT DEED NO.309/2019 DATED
29.1.2019 EXECUTED BY SMT. NIRMALA
RAMAKRISHNAN.
Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT SHOWING THE
REMITTANCE OF LAND TAX IN RESPECT OF THE
PROPERTY DATED 16.6.2020.
Exhibit P3 TRUE COPY OF COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE RDO DATED 23.1.2020.
Exhibit P4 TRUE COPY OF COMPLAINT SUBMITTED BY THE
MOTHER BEFORE THE DISTRICT COLLECTOR DATED
18.9.2016.
Exhibit P4(A) TRUE COPY OF REPORT DATED 21.8.2020
PREPARED BY THE STATION HOUSE OFFICER,
VANCHIYOOR POLICE STATION.
Exhibit P5 TRUE COPY OF INTERIM ORDER PASSED BY THE
MUNSIFF COURT IN O.S.NO.717/2020 DATED
30.6.2020.
Exhibit P6 TRUE COPY OF ORDER PASSED BY THE MUNSIFF
COURT IN I.A.NO.1/2020 IN O.S.NO.698/2020.
Exhibit P7 TRUE COPY OF INTERIM ORDER PASSED BY THIS
HON'BLE COURT IN WP(C) NO.20059/2020 DATED
28.9.2020.
Exhibit P8 PHOTOGRAPHS AND PEN DRIVE CONTAINING THE
CC TV FOOTAGES SHOWING THE 3RD RESPONDENT
MOVING IN THE HOUSE IN HIS UNDERWEAR.
Exhibit P9 TRUE COPY OF COMPLAINT DATED 18.4.2021
SUBMITTED BY THE PETITIONER THROUGH EMAIL
ALONG WITH FOLLOW UP MAIL DATED 26.4.2021.
Exhibit P10 TRUE COPY OF THREATENING MAIL SENT BY THE
WP(C) Nos.20059/2020 &13909/2021 9
3RD RESPONDENT TO THE 1ST PETITIONER ON
16.5.2021.
Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 28.6.2021
SUBMITTED BY THE 1ST PETITIONER BEFORE THE
2ND RESPONDENT.
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 1.7.2021
SENT BY THE PETITIONER BY EMAIL BEFORE THE
1ST RESPONDENT.
WP(C) Nos.20059/2020 &13909/2021 10
APPENDIX OF WP(C) 20059/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF CERTIFIED COPY OF THE
SETTLEMENT DEED NO.309/2019 DATED
29.1.2019 EXECUTED BY SMT.NIRMALA
RAMAKRISHNAN.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT SHOWING THE
REMITTANCE OF LAND TAX IN RESPECT OF THE
PROPERTY DT.16.6.2020
EXHIBIT P3 TRUE COPY OF COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE RDO
EXHIBIT P4 TRUE COPY OF COMPLAINT SUBMITTED BY THE
MOTHER BEFORE THE DISTRICT COLLECTOR
18.9.2016
EXHIBIT P4(A) TRUE COPY OF REPORT DT.21.8.2020 PREPARED
BY THE STATION HOUSE OFFICER, VANCHIYOOR
POLICE STATION
EXHIBIT 5 TRUE COPYO OF THE INTERIM ORDER PASSED BY
THE MUNSIFF COURT IN O.S.NO.717/2020
DT.7.7.2020
EXHIBIT P6 TRUE COPY OF RENT AGREEMENT ENTERED INTO
WITH THE TENANT FOR THE YEAR 2018
EXHIBIT P7 TRUE COPY OF RENT AGREEMENT ENTERED INTO
WITH THE TENANT FOR THE YEAR 2019
EXHIBIT P8 TRUE COPY OF RENT AGREEMENT DT.20-8-2020
DATED 16-07-2020 ALONG WITH ITS RECEIPT
EXHIBIT P9 TRUE COPY OF COMPLAINT DT.8.9.2020
SUBMITTED BY THE PETITIONER THROUGH EMAIL
BEFORE THE 1ST RESPONDENT
WP(C) Nos.20059/2020 &13909/2021 11
EXHIBIT P10 TRUE COPY OF COMPLAINT DT.22.9.2020
SUBMITTED BY THE PETITIONER THROUGH EMAIL
BEFORE THE 1ST RESPONDENT.
EXHIBIT P-11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONER IN WPC NO-5032/2020
EXHIBIT P-12 TRUE COPY OF THE EMAIL SENT BY THE
PETITIONER TO RESPONDENTS 1AND 2
DT.3.10.2020
RESPONDENT EXHIBITS
EXHIBIT R3(a): TRUE COPY OF THE MEDICAL CERTIFICATE DATED
23/07/2018.
EXHIBIT R3(b): TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER DATED 23/07/2018.
EXHIBIT R3(c): TRUE COPY OF THE STATEMENT AND ORDER DATED
13/12/2018.
EXHIBIT R3(d): TRUE COPY OF THE VEXATIOUS COMPLAINTS YEAR
OF 2018 DATED NIL.
