Anitha V.P vs Deputy Superintendent Of Police, ...
2021 Latest Caselaw 17629 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                          WP(C) NO. 12372 OF 2021
PETITIONERS:

     1      ANITHA V.P., AGED 58 YEARS, W/O.P.V.THANKACHAN,
            VENPARAMBIL MUHAMMA P.O., ALAPPUZHA DISTRICT,
            PINCODE-688 525.

     2      SHEELAMMA V.P., W/O.C.R.RENJITH, AGED 56, CHERUKAATTIL,
            SL PURAM P.O., ALAPPUZHA DISTRICT, PINCODE-688 523.

     3      RETHI V.P., W/O.REMESHAN, AGED 50, LEKSHMI VILASAM,
            NETHAJI P.O., ALAPPUZHA DISTRICT, PINCODE-689121.

            BY ADVS.
            MANU HARSHAKUMAR
            MARY ANN SAJI


RESPONDENTS:

    1       DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA
            ALAPPUZHA, DYSP OFFICE, ALAPPUZHA DISTRICT,
            PINCODE-688 012.
            (*CORRECTED AS DEPUTY SUPERINTENDENT OF POLICE,
            CHERTHALA, DYSP OFFICE, ALAPPUZHA DISTRICT,
            PIN-688524., AS PER ORDER DATED 26/07/2021 IN I.A.NO.
            1/2021 IN WP(C)12372/2021)

    2       STATION HOUSE OFFICER, MUHAMMA POLICE STATION,
            ALAPPUZHA DISTRICT, PINCODE-688 525.

    3       SUKUMARAN, S/O.KOCHUAYYAPPAN, AGED 72, THOTTUNGAL HOUSE,
            MUHAMMA P.O., ALAPPUZHA DISTRICT, PINCODE-688 525.

    4       ANIL KUMAR, S/O.SUKUMARAN, AGED 43, THOTTUNGAL HOUSE,
            MUHAMMA P.O., ALAPPUZHA DISTRICT, PINCODE-688 525.

    5       SUNIL KUMAR, S/O.SUKUMARAN, AGED 46, THOTTUNGAL HOUSE,
            MUHAMMA P.O., ALAPPUZHA DISTRICT, PINCODE-688 525.
 WPC 12372/21
                                         2

    6          SIJUMON, S/O.BHARGAVAN, AGED 42, THOTTUNGAL
               HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT, PINCODE-
               688 525.

    7          GIREESHAN, S/O.NARAYANAN OORALISSERIL, AGED 52,
               MUHAMMA P.O., ALAPPUZHA DISTRICT, PINCODE-688
               525.

    8          JOY, S/O.NADESHAN, MUHAMMA P.O., ALAPPUZHA
               DISTRICT, PINCODE-688 525.

               BY ADVS.
               T.JAYAKRISHNAN
               R.KRISHNAKUMAR (CHERTHALA)

               SRI.E.C.BINEESH - GP


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   27.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 12372/21
                                              3



                                 JUDGMENT

The petitioners allege that they are facing

incessant threats and intimidation from

respondents 3 to 8, who are their neighbours; and

that they were, therefore, constrained to approach

respondents 1 and 2, through Ext.P1

representation, seeking protection for their lives

and properties. They allege that the party

respondents have political affiliations and

therefore, that the Police have not taken any

action on their representation, in spite of the

fact that there have been verified threats against

them in the past. They, therefore, pray that

respondents 1 and 2 be directed to afford them

adequate and effective protection from the illegal

actions of respondents 3 to 8.

2. I have heard Sri.Manu Harshakumar -

learned counsel for the petitioners; Sri.Krishna

Kumar - learned counsel for respondents 3 to 8 and WPC 12372/21

Sri.E.C.Bineesh - learned Government Pleader for

respondents 1 and 2.

3. The allegations of the petitioners as

afore were vehemently refuted by Sri.Krishnakumar,

saying that a counter affidavit has been filed by

his clients, wherein, the true facts have been set

out. He submitted that his clients have, at no

point of time, threatened or attempted to threaten

the petitioners, as has been alleged by them and

that in fact, it is they who have violated certain

orders and decrees of the competent Civil Court.

He contended that, it is, therefore, clear that

the attempt of the petitioners is to obtain orders

from this Court, in order to frustrate the civil

proceedings which are now pending between the

parties; and thus prayed that this Writ Petition

be dismissed.

4. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that, as at present,

there are no law and order issues in the area in WPC 12372/21

question and that the Police are constantly

vigilant to ensure the parties do not take law

into their hands. He added that as and when any

complaint is received from any person, including

the petitioners, of the commission or an attempt

of infraction of law, necessary action under the

Indian Penal Code and such other applicable

Statutes will be taken forward.

5. The afore submissions of the parties make

it ineluctable that there are several civil

disputes between them. Obviously, therefore, this

Court will have to be careful while dealing with

the complaints made by them against each other

with respect to internecine threats and attacks.

6. That said, since respondents 3 to 8 say

that they have not and do not propose to cause any

harm to the petitioners, I deem it appropriate to

order this Writ Petition recording it.

Resultantly, I order this writ petition,

directing respondents 1 and 2 to ensure that the WPC 12372/21

lives of the petitioners and respondents 3 to 8

are sufficiently protected and that any complaints

to be made by any of them are dealt with swiftly

and quickly, ensuring that law and order is

maintained and that there is no breach of peace in

the area in question.

Needless to say, I clarify that I have not

considered the rival contentions of the parties,

with respect to the civil disputes between them on

its merits and that they are all left open to be

pursued by them appropriately.

Sd/-

RR                                 DEVAN RAMACHANDRAN
                                          JUDGE
 WPC 12372/21


                APPENDIX OF WP(C) 12372/2021

PETITIONER EXHIBITS

Exhibit P1         A TRUE COPY OF PETITION FILED BY THE

PETITIONERS BEFORE DYSP,ALAPPUZHA DATED 28.05.2021

Exhibit P2 A TRUE COPY OF THE RECEIPT OF THE PETITION FILED BY 1ST PETITIONER BEFORE SHO,MUHAMMA POLICE STATION, DATED 11.06.2021

Exhibit P3 A TRUE COPY OF THE FIR BASED ON THE COMPLAINT LODGED BY THE DAUGHTER OF THE 1ST PETITIONER,DATED 13.06.2021.

Exhibit P4 PETITION FILED BEFORE THE 2ND RESPONDENT

Exhibit P5 RECEIPT DATED 27.06.2021.

Exhibit P6 TRUE COPY OF THE PETITION FILED BEFORE DISTRICT POLICE CHIEF.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 29.06.2021.

RESPONDENT EXHIBITS

Exhibit R4(A) A TRUE COPY OF THE PLAINT BEFORE THE VACATION COURT, ALAPPUZHA AS CMP NO. 435/2021 DATED 30.04.2021 (NOW O.S. NO. 238/2021 ON THE FILE OF THE MUNSIFF COURT, CHERTHALA).

Exhibit R4(B) A TRUE COPY OF THE ORDER DATED 04.05.2021 IN I.A. NO. 5/2021 IN O.S.NO. 238/2021 ON THE FILE OF THE HON'BLE VACATION JUDGE, ALAPPUZHA.

Exhibit R4(C) A TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE 1ST WPC 12372/21

RESPONDENT DATED 21.07.2021.

Exhibit R4(D) A TRUE COPY OF THE PETITION , I.A, FOR APPOINTING ADVOCATE COMMISSION TO INSPECT THE PROPERTY FILED BY THE 4TH RESPONDENT IN EXT. R4(A) DATED 12.07.2021.

Exhibit R4(E) A TRUE COPY OF THE PETITION, I.A, FOR MANDATORY INJUNCTION FILED BY THE 4TH RESPONDENT IN EXT. R4(A) DATED 12.07.2021.

Exhibit R4(F) A TRUE COPY OF THE PETITION, I.A, FOR PROSECUTION FILED BY THE 4TH RESPONDENT IN EXT. R4(A) DATED 12.07.2021.