Kerala High Court
Smt.Kripalini vs State Of Kerala on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
WP(C) NO. 5197 OF 2017
PETITIONER:
SMT.KRIPALINI
AGED 57 YEARS
W/O.LATE SIVAKUMAR,KATTUKANDATHIL, VELIYIL
HOUSE,CONVENT ROAD, WARD NO.20,AROOR POST
CHERTHALA,ALAPPUZHA DISTRICT, PIN: 688 524.
BY ADVS.
SMT.P.K.SANTHAMMA
SRI.RAJAN P.KALIYATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,HOME
DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN:
605 001.
2 DIRECTOR GENERAL OF POLCIE
POLICE HEADQUARTERSTHIRUVANANTHAPURAM 605 001.
3 THE DISTRICT SUPERNTENDENT OF POLICE
DISTRICT POLICE OFFICE, ALAPPUZHA,PIN:688 001.
4 CIRCLE INSPECTOR OF POLICE
CIRCLE OFFICE,KUTHIYATHODE, ALAPPUZHA 688 533.
5 SUB INSPECTOR OF POLICE
AROOR POLICE STATION,AROOR, ALAPPUZHA 688 001.
6 SRI.BHARGHAVAN PILLA
5A (4/18) KEERTHANAM, AROOR POST,CHERTHALA
ALAPPUZHA DISTRICT 688 544.
7 RAGHUNANDAN PILLA
5A (4/18)KEERTHANAM, AROOR POST,CHERTHALA
ALAPPUZHA DISTRICT 688 544.
W.P.(C).No.5197/2017
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8 GEETHA
W/O.RAGHUNANDAN PILLA, 5A(4/18)KEERTHANAM, AROOR
POST,CHERTHALA ALAPPUZHA DISTRICT 688 544.
9 BABU AUTO RIZHAW DRIVER
C/O.BHARGHAVAN PILLA, 5A(4/18),KEERTHANAM, AROOR
POST, CHERTHALA,ALAPPUZHA DISTRICT 683 544.
10 BHAMA
C/O.BHARGHAVAN PILLA, 5A94/8KEERTHANAM, AROOR
POST,CHERTHALA ALAPPUZHA DISTRICT 688 544.
R6 TO R8 BY SMT.C.G.PREETHA
R9-R10 BY SRI.T.V.VINU
R1 TO R5 BY SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.5197/2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.5197 of 2017
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Dated this the 14th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other writ
direction or order, directing the second
respondent to issue appropriate directions to stop
the police harassment on the petitioner at the
hands of the respondents 4 and 5.
ii. Issue a writ of mandamus or any other writ
direction order, directing the 4 th and 5th
respondents to refrain from the interfering with
the civil rights of the petitioner and her son to
stay in the matrimonial home.
iii. Issue a writ of mandamus or any other writ
direction or order, directing the second
respondent to direct register crimes on the above
mentioned incidents on 24.1.2017 and 29.1.2017
and make further inquiry in the matter keeping
out the respondents 4 and 5 from the inquiry
team.
W.P.(C).No.5197/2017
iv. Issue such other writs, directions, or orders as
may be deemed fit and proper by this hon'ble
court and as may be prayed for at the time of
hearing.
v. To order payment of cost of this proceedings.
2. This writ petition is pending before this Court from
2017 onwards. The counsel for the petitioner submitted that
now there is no problem and there may be a direction to the
Police not to harass the petitioner. The counsel submitted that
some articles of the petitioner were taken by the 5 th
respondent. There may be a direction to return the same. The
counsel also admitted that civil cases are pending before the
civil court.
3. The Government Pleader submitted that there was
absolutely no police harassment as alleged in the writ petition
and all allegations in the writ petition are incorrect. The
counsel who is appearing for respondents 7 and 8 submitted
that averments in the writ petition are not correct. The
counsel also submitted that the 6th respondent is no more. The
counsel submitted that there is no claim to respondents 7 and
8 in the property and the writ petition is filed to pressurise the
W.P.(C).No.5197/2017
Police to establish some rights to the petitioner.
4. After hearing both sides, I think the prayers in the
writ petition are infructuous in the light of the submission of
the Government Pleader that there was no police harassment
and there is no intention on the part of the Police to harass the
petitioner. Recording the same this writ petition can be closed.
I make it clear that all other contentions of the contesting
respondents about their right in the property, etc. are left
open. I also make it clear that if there is any articles of the
petitioner is taken by the 5th respondent, the petitioner can
take appropriate steps in accordance to law. I also make it
clear that Police shall not interfere in the civil dispute, which,
according to the petitioner, is pending before the civil court.
With these observations and recording the submission of
the Government Pleader, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.5197/2017
APPENDIX OF WP(C) 5197/2017
PETITIONER ANNEXURE
EXT.P1 TRUE COPY OF RATION CARD OF THE
PETITIONER AND FAMILY
EXT.P2 TRUE COPY OF BIRTH CERTIFICATE OF
PETITIONER'S FIRST SON
EXT.P3 TRUE COPY OF LETTER DT.9/1/2016 OF THE
AROOR PANCHAYATH MEMBER
EXT.P4 & 4A TRUE COPY OF COMPLAINT LODGED WITH THE
THIRD RESPONDENT WITH ACKNOWLEDGMENT
THEREON
EXT.P5 TRUE COPY OF MC NO.60/2016 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE, AROOR
EXT.P6 TRUE COPY OF JUDGMENT DATED 12/1/2017
OF THIS HON'BLE COURT IN WPC
NO.40918/2016
EXT.P7 TRUE COPY OF INTIMATION DATED
29/1/2017 BY THE MEDICAL OFFICER TO
THE FIFTH RESPONDENT
EXT.P8 TRUE COPY OF WOUND CERTIFICATE OF
PETITIONER ISSUED BY THE GENERAL
HOSPITAL ERNAKULAM
EXT.P9 TRUE COPY OF WOUND CERTIFICATE OF THE
PETITIONER ISSUED MEDICAL COLLEGE
HOSPITAL, ERNAKULAM
EXT.P10 TRUE COPY OF WOUND CERTIFICATE OF THE
PETITIONER ISSUED BY THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
RESPONDENTS' ANNEXURE:
ANNEXURE C(1) TRUE COPY OF THE WORK MEMO
ANNEXURE C(2) TRUE COPY OF THE ORIGINAL PHOTOGRAPHS
RESIDENTIAL BUILDING
