Sheeja Mohanan vs State Of Kerala
2021 Latest Caselaw 3055 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                  W.P.(C) No.1816 OF 2021(B)


PETITIONER/S:

             SHEEJA MOHANAN
             AGED 45 YEARS
             W/O.KEEDAYI MOHANAN, NANDIPULAM P.O., NANDIPULAM
             VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT-
             680313.

             BY ADVS.
             SRI.N.D.ARUN DAS
             SMT.M.C.CHITHRAKALA

RESPONDENT/S:

      1      STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT HOME
             DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695001.

      2      THE DISTRICT POLICE CHIEF,
             THRISSUR RURAL OFFICE OF THE DISTRICT POLICE
             CHIEF THRISSUR RURAL, KALYAN NAGAR, AYYANTHOLE,
             THRISSUR, KERALA, PIN-680003.

      3      THE DEPUTY SUPERINTENDENT OF POLICE,
             CHALAKKUDY, OFFICE OF THE DEPUTY SUPERINTENDENT
             OF POLICE, CHALAKKUDY, NIRMALA COLLEGE ROAD,
             JYOTHI NAGAR HOUSING COLONY, CHALAKKUDY, KERALA,
             PIN-680307, THRISSUR.

      4      THE CIRCLE INSPECTOR OF POLICE,
             CHALAKKUDY, CHALAKKUDY CIRCLE INSPECTORS OFFICE
             POLICE STATION, JYOTHI NAGAR, HOUSING COLONY,
             CHALAKKUDY, KERALA, PIN-680307.

      5      THE SUB INSPECTOR OF POLICE,
             VARANDARAPPILLY POLICE STATION, OFFICE OF THE SUB
             INSPECTOR OF VARANDARAPILLY STATION,
             VARANDARAPILLY, AMBALLUR CHIMMINY DAM ROAD,
             VELUPADAM, KERALA, PIN-680303.

      6      DEVADAS,
             AGED 58 YEARS
 W.P.(C) No.1816 OF 2021(B)

                                2

               S/O.KUMARAN, KEEDAYI HOUSE, VELUPADOM P.O.,
               KARIKULAMKADAVU DESOM, VARANDARAPILLY VILLAGE,
               CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN-680303.

               R1-R5 BY GOVERNMENT PLEADER

OTHER PRESENT:

               SMT A.C.VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.1816 OF 2021(B)

                                   3

                             JUDGMENT

The petitioner has filed this writ petition, seeking a writ of

mandamus commanding respondents 2 to 5 to give her necessary

and adequate protection for attending the marriage of her

daughter, which is scheduled to be held on 24.01.2021, as sought

for in Ext.P6 representation dated 19.01.2021 submitted before

the 5th respondent Sub Inspector of Police, Varandarappilly Police

Station.

2. The pleadings and materials on record would show that

the petitioner and her husband, Mohanan, are living separately on

account of matrimonial issues. The petitioner's daughter, Lakshmi,

who is an Engineering Graduate aged 24 years and her son,

Vignesh, aged 17 years are residing along with Mohanan. The

marriage of the petitioner's daughter is scheduled to be held on

24.01.2021 at Varandarappilly in Thrissur District.

3. In the writ petition it is alleged that the 6 th respondent,

who is the brother of the petitioner's husband, is not permitting

the petitioner to attend the marriage of her daughter. She filed a

complaint before the District Police Chief, Thrissur and also before

the Deputy Superintendent of Police, Chalakudy, as evidenced by

Exts.P4 and P5 receipts, followed by Ext.P6 complaint before the

5th respondent Sub Inspector of Police, Varandarappilly. W.P.(C) No.1816 OF 2021(B)

4. On 22.01.2021, when this writ petition came up for

consideration, this Court directed the learned Government Pleader

to get instructions from the 4th respondent Circle Inspector of

Police, who was directed to depute a Woman Police Officer, not in

uniform, to interact with the petitioner's daughter. When the

matter was taken up for consideration at 1:45 p.m. in physical

sitting, the learned Government Pleader submitted that,

petitioner's daughter has given a statement before the Woman

Police Officer that she does not want the presence of her mother in

the marriage function. As per her statement, the petitioner is

having strained relationship with her husband and both children,

for the last two years. She has filed various complaints against her

mother, before the Superintendent of Police (Rural), Thrissur. She

has also stated that, O.S.No.81 of 2021 has been instituted before

the Munsiff's Court, Irinjalakuda, seeking injunction against the

petitioner.

5. Taking into consideration the stand taken by the

petitioner's daughter, a Engineering Graduate aged 24 years, who

was getting married on 24.01.2021, and also the nature of

disputes between the petitioner and her family members, as born

out from the statement given by the petitioner's daughter, this W.P.(C) No.1816 OF 2021(B)

Court found that this is not a fit case in which the petitioner can be

granted and exparte order for police protection. Accordingly, the

matter was ordered to be listed on 25.01.2021 and the learned

Government Pleader was directed to place on record the report of

the 4th respondent Circle Inspector of Police along with the

statement filed by the petitioner's daughter.

6. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for respondents 1 to 5.

7. Along with the memo filed by the learned Government

Pleader dated 03.01.2021, the report of the 5th respondent Sub

Inspector of Police, Varandarappilly Police Station, the statement of

the petitioner's daughter recorded on 22.01.2021 and also the

order of injunction granted by the Munsiff's Court, Irinjalakuda

dated 21.01.2021 in I.A. No.2 of 2021 in O.S. No.81 of 2021 are

placed on record. As per the said order the petitioner herein is

restrained from trespassing into the petition schedule property or

committing any mischiefs therein or making any obstruction to the

peaceful possession and enjoyment of the property until further

orders.

8. By the order dated 22.01.2021, this Court found that

the petitioner is not entitled for an exparte order for police W.P.(C) No.1816 OF 2021(B)

protection. The marriage of the petitioner's daughter has already

solemnized on 24.01.2021.

9. The learned counsel for the petitioner would submit that

the reliefs sought for in this writ petition have become infructuous.

Based on the said submission made by the learned counsel

for the petitioner, this writ petition is dismissed as infructuous.

Sd/-

ANIL K. NARENDRAN JUDGE

MIN W.P.(C) No.1816 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE JUDICIAL MAGISTRATE FIRST CLASS IRINJALAKKUDA IN CRL.M.P.NO.13579/2019 DATED 13.11.2019.

EXHIBIT P2 A TRUE COPY OF THE FIR IN CRIME NUMBER 25/2020.

EXHIBIT P3 A TRUE COPY OF THE WEDDING INVITATION LETTER DATED 24.01.2021.

EXHIBIT P4 A TRUE COPY OF THE RECEIPT GIVEN BY THE DISTRICT POLICE CHIEF ON DATED PETITION NUMBERED AS 3788/2021/R.

(NO.63/DPCR/CLMP/PTN/21 RECEIPT GIVEN BY THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE RECEIPT GIVEN BY THE DEPUTY SUPERINTENDENT OF POLICE CHALAKKUDY TO THE PETITIONER PETITION NUMBERED AS 10396/2021.

EXHIBIT P6 A TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE SUB INSPECTOR OF POLICE VARANDARAPPILLY.

EXHIBIT P7                   A TRUE COPY OF THE RECEIPT
                             NO.19/DPPN/D2/21 GIVEN BY THE SUB
                             INSPECTOR OF POLICE VARANDARAPPILLY.