Kerala High Court
Risna vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 30436 OF 2019
PETITIONER:
RISNA
AGED 30 YEARS
W/O.SAFARULLA, PALLIKKALVEETTIL, KOLUMBIL, PARAKULAMBU,
PARAKKAL,MUTHALAMADA, CHITTUR TALUK, PALAKKAD-678506
BY ADVS.
PRAVEEN K. JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SMT.M.K.SAMYUKTHA
SRI.N.ABHILASH
SMT.M.R.ESHRATH BAI
SMT.BEENA JOSEPH
SMT.SREELEKHA. P
SHRI.DEEPU RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
TRIVANDRUM-695001
2 THE SUPERINTENDENT OF POLICE
DISTRICT POLICE OFFICE, PUDUPLLI THERUVU-678001
3 CIRCLE INSPECTOR OF POLICE
KOLLENGODE-678001
4 SUB INSPECTOR OF POLICE
KOLLENGODE, PALAKKAD DISTRICT-678001
5 SAFARULLA
AGED 40 YEARS
S/O.SAINULABDHEEN, PALLIKKALVEETTIL, KOLUMBIL,
PARAKKAL, MUTHALAMADA, CHITTUR, PALAKKAD-678506
WP(C) NO. 30436/2019
2
6 SAITHUNBEEVI
AGED 66 YEARS
W/O.SAINULABDHEEN, PARAKKOLUMBU, MUTHALAMADA,
CHITTOOR, PALAKKAD DISTRICT-678506
BY ADV SRI.P.K.SAJEEV
ADV.SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 30436/2019
3
JUDGMENT
Dated this the 06th day of July 2021
The above Writ petition is filed with the
following prayers;
"1. To issue writ, order or direction in the
nature of mandamus directing the respondents
2 to 4 to grant adequate and meaningful
police protection for the life and property
of the petitioner and for the smooth
residence of the petitioner and minor
children under Ext.P5 order against the
threat and harassment of respondents 5 and 6
and persons under them, in the interest of
justice.
2. To issue writ, order or direction in the
nature of mandamus directing the 2nd
respondent to take up Ext.P13 complaint and
to enquire into the matter and also to issue
directions to 4th respondent police officials
to consider Ext.P14 complaint and to grant
adequate and meaningful police protection for
the life and property of the petitioner and
for the smooth residence of the petitioner
and family against the threat and harassment
of respondents 5 and 6 and persons under
them, in the interest of justice.
3. To grant such other reliefs as may be
deemed fit and proper."
2. When this Writ petition came up for
consideration, this Court passed the following
WP(C) NO. 30436/2019
order on 12.11.2019.
"Notice before admission to the respondents.
Government Pleader takes notice for R1 to R4.
Issue notice by speed post to R5 and R6.
Post after two weeks.
There will be an interim direction as
prayed for till then"
3. Subsequently, the interim order was
extended until further orders. The dispute is
between the petitioner and the respondent
Nos.5 and 6. Respondent No.5 is the husband
of the petitioner and the 6th respondent is the
mother in law of the petitioner. There is
some matrimonial dispute between the
petitioner and the 5th respondent. There is an
interim order passed by the Magistrate court
as evident from Ext.P5 order.
4. When this matter came up for
consideration, the contesting respondents
submitted that there is an oral instruction to
him from his client that the matter is settled
between the parties. The learned counsel for
WP(C) NO. 30436/2019
the petitioner submitted that he is not aware
of the same. But this Writ petition is
pending before this Court from 2019 onwards.
The dispute between the petitioner and the
contesting respondents are matrimonial in
nature. If there is any law and order issue
existing now, the petitioner is free to
approach the Station House Officer and the
Station House Officer will do the needful in
accordance with law. All the contentions of
the petitioner and the contesting respondents
about the matrimonial disputes are left open.
With these observations, this Writ
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 30436/2019
APPENDIX OF WP(C) 30436/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE
CERTIFICATE DATED 06.05.2010
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE AFFIDAVIT
SUBMITTED BY 5TH RESPONDENT DATED
05.03.2010
EXHIBIT P3 THE TRUE COPY OF THE FIR NO.887/2019 OF
KOLLENGODE POLICE STATION DATED
12.12.2018
EXHIBIT P4 THE TRUE COPY OF THE MC NO.97/2018 OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHITTUR
EXHIBIT P5 THE TRUE COPY OF THE ORDER IN CMP
NO.9351/18 IN MC 97/2018 DATED
12.12.2018 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHITTUR
EXHIBIT P6 THE TRUE COPY OF THE OBJECTION IN MC
NO.97/18 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHITTUR DATED
11.04.2019
EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGE OF
FIR NO.381/2019 OF KOLLENGODE POLICE
STATION DATED 21.08.2019
EXHIBIT P8 THE TRUE COPY OF THE OP NO.238/2019 OF
FAMILY COURT PALAKKAD DATED 14.03.2019
EXHIBIT P9 THE TRUE COPY OF THE TITLE DEED WITH
NO.2534/06 OF SRO KOLLENGODE DATED
08.09.2006
EXHIBIT P10 THE TRUE COPY OF THE ORDER IN CMP
6918/2019 IN MC NO.84/2019 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHITTUR DATED 17.09.2019
WP(C) NO. 30436/2019
EXHIBIT P11 THE TRUE COPY OF THE FIR NO.405/2019 OF
KOLLENGODE POLICE STATION
EXHIBIT P12 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE 4TH RESPONDENT DATED 07.11.2019
EXHIBIT P13 THE TRUE COPY OF THE COMPLAINT BEFORE
THE 2ND RESPONDENT
EXHIBIT P14 THE TRUE COPY OF THE COMPLAINT BEFORE
THE 4TH RESPONDNET
//TRUE COPY//
PA TO JUDGE
