Kerala High Court
Satheesh Kumar G vs The Director General Of Police on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 31518 OF 2019
PETITIONER/S:
1 GOVINDA SWAMI,
AGED 60 YEARS
S/O. CHINDASSWAMY, PLOT NO.210, TYPE-2, FACT CD TOWNSHIP
AMABALMEDU P.O., ERNAKULAM, KERALA.
2 VIJAYA G.,
AGED 50 YEARS
PLOT NO.210, TYPE-2, FACT CD TOWNSHIP AMABALMEDU P.O.,
ERNAKULAM, KERALA.
3 SHASHIKALA G.,
AGED 1 YEARS
D/O. VIJAYA G., PLOT NO.210, TYPE-2, FACT CD TOWNSHIP
AMABALMEDU P.O., ERNAKULAM, KERALA.
BY ADVS.
M.R.SARIN
SMT.N.RENJU
RESPONDENT/S:
1 THE DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, TRIVANDRUM.
2 THE SUB INSPECTOR OF POLICE,
AMBALAMEDU POLICE STATION, TRIVANDRUM DISTRICT.
3 K. NALLAMUTHU,
1/47 N.SK ILLAM, COLONY STREET ANDHUR VILLAGE VARAGUR
P.O., TAMILNADU-621708.
4 ARUKKANI,
1/47 N.SK ILLAM, COLONY STREET ANDHUR VILLAGE VARAGUR
P.O., TAMILNADU-621708.
WP(C) Nos. 31518 & 28363 OF 2019
2
5 SELVI,
1/47 N.SK ILLAM, COLONY STREET ANDHUR VILLAGE
VARAGUR P.O., TAMILNADU-621708.
6 N. SIVARAJANI,
S/O. NALLAMUTHU, 1/47 N.SK ILLAM, COLONY STREET
ANDHUR VILLAGE VARAGUR P.O., TAMILNADU-621708.
7 N. SIVAKUMAR,
S/O. K. NALLAMUTHU, 1/47 N.SK ILLAM, COLONY
STREET ANDHUR VILLAGE VARAGUR P.O., TAMILNADU-
621708.
BY ADVS.
SRI.K.LAKSHMINARAYANAN
SMT.SATHYASHREE PRIYA EASWARAN
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.07.2021, ALONG WITH WP(C).28363/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 31518 & 28363 OF 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 28363 OF 2019
PETITIONER/S:
SATHEESH KUMAR G
AGED 30 YEARS
S/O.GOVINDASWAMY PLT NO.210, TYPE-2 FACT CD
TOWNSHIP, AMBALMEDU.P.O, ERNAKULAM, KERALA
BY ADVS.
M.R.SARIN
SMT.N.RENJU
RESPONDENT/S:
1 THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, TRIVANDRUM-695001
2 THE SUB INSPECTOR OF POLICE
AMBALAMEDU, POLICE STATION,
ERNAKULAM DISTRICT-6820303
3 N.SIVARAJANI
S/O.NALLAMUTHU 1/197, N.SK ILLAM, COLONY STREET
ANDHUR VILLAGE, VARAGUR.P.O, TAMILNADU-621708
4 K.NALLAMUTHU 1/197
N.SK ILLAM, COLONY STREET ANDHUR VILLAGE
VARAGUR.P.O, TAMILNADU-621708
5 N.SIVAKUMAR
S/O.K.NALLAMUTHU, 1/197, N.SK ILLAM, COLONY
STREET, ANDHUR VILLAGE VARAGUR.P.O,
TAMILNADU-621708
WP(C) Nos. 31518 & 28363 OF 2019
4
BY ADVS.
SRI.K.LAKSHMINARAYANAN
SMT.SATHYASHREE PRIYA EASWARAN
SRI. N.B. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.07.2021, ALONG WITH WP(C).31518/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 31518 & 28363 OF 2019
5
P.V.KUNHIKRISHNAN, J.
===================
WP(C) Nos. 31518 and 28363 OF 2019
===================
Dated this the 13th day of July 2021
JUDGMENT
These writ petitions are filed for police protection.
The father, mother and sister of the petitioner in WP(C)
No. 28363/2019 are the petitioners in WP(C) No.
31518/2019. The petitioner in WP(C) No. 28363/2019
married the 3rd respondent in WP(C ) No. 28363/2019.
The writ petition is filed alleging that, there is threat from
the contesting respondents in these writ petitions.
2. Heard the learned counsel for the petitioners,
learned counsel for the contesting respondents and the
learned Government Pleader.
3. The learned counsel for the petitioners
submitted that, there is some matrimonial dispute
between the petitioner in WP(C )No. 28363/2019 and his
WP(C) Nos. 31518 & 28363 OF 2019
wife. According to the learned counsel, the contesting
respondents, who are residing at Tamil Nadu coming to
the house of the petitioners and physically attacking the
petitioners. The learned counsel submitted that, there is
threat to the life of the petitioners.
4. The learned Government Pleader after getting
instructions, submitted that, the petitioners are residing in
FACT CD Township, Ambalmedu which is a protected area
by CRPF. The apprehension of danger to the life of the
petitioners can not be accepted in such situation. The
learned Government Pleader submitted that, there is
some matrimonial dispute pending between the petitioner
in WP(C) No. 28363/2019 and his wife. The learned
Government Pleader submitted that, this Court may not
pass any orders in these writ petitions because
matrimonial disputes are pending. If there is any danger
to the life of the petitioners outside the premises of the
FACT, the petitioners are free to approach the Station
WP(C) Nos. 31518 & 28363 OF 2019
House Officer concerned and the Station House Officer
concerned will do the needful.
5. The learned counsel for the contesting
respondents submitted that, the allegations in these writ
petitions are absolutely incorrect. The learned counsel
submitted that, there is no threat as alleged by the
petitioners. The learned counsel submitted that, there is a
matrimonial dispute between the petitioner in WP(C)No.
28363/2019 and his wife. Under the guise of these writ
petitions, the learned counsel submitted that, the
petitioners are trying to escape from the matrimonial
cases. The learned counsel also submitted that, divorce
petition is pending before the Family Court, Ernakulam.
6. Admittedly, there are matrimonial dispute
between the petitioner in WP(C) No. 28363/2019 and his
wife. The same is to be decided by the appropriate court.
This Court can not pass any police protection order in
such situation.
WP(C) Nos. 31518 & 28363 OF 2019
7. The learned Government Pleader submitted
that, the petitioners are residing in a protected area by
CRPF. In such situation, there is no question of granting
protection to life of the petitioners by the state police. If
there is any threat to the life of the petitioners outside his
residence, the petitioners are free to approach the Station
House Officer concerned, and if the Station House Officer
is convinced about the same, the Station House Officer
will do the needful in accordance to law.
With these observations these writ petitions are
closed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) Nos. 31518 & 28363 OF 2019
APPENDIX OF WP(C) 28363/2019
PETITIONER ANNEXURE
EXHIBIT P1 THE TRUE COPY OF THE INTERIM ORDER IN
CRL.OP NO.21468/2019 OF THE MADRAS
HIGH COURT
EXHIBIT P2 TRUE COPY OF COMPLAINT FILED BY THE
3RD RESPONDENT BEFORE KUNNAM POLICE
STATION IN PERAMBALUR DISTRICT IN
TAMILNADU ON 26.6.2016
EXHIBIT P3 THE TRUE COPY OF THE ENGLISH
TRANSLATION OF THE EXT P2
EXHIBIT P4 TRUE COPY OF THE COMPLAINT GIVEN BY
THE PETITIONER TO THE SECOND
RESPONDENT ON 17.10.19
EXHIBIT P5 TRUE COPY OF OP NO.2136/19 PENDING
BEFORE THE FAMILY COURT, ERNAKULAM
FILED BY THE PETITIONER
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT IN WP(C)
NO.22737/19 DATED 21.08.19 ON THE FILE
OF THIS HONOURABLE COURT.
WP(C) Nos. 31518 & 28363 OF 2019
APPENDIX OF WP(C) 31518/2019
PETITIONER ANNEXURE
EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT FILED
BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT ON 15/11/2019.
EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HON'BLE COURT IN WPC
NO.28363/19.
// True Copy //
PA to judge
