Padmavathy vs The State Of Kerala
2021 Latest Caselaw 14691 Ker

          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. 6091 OF 2021
PETITIONER:



         PADMAVATHY
         AGED 59 YEARS
         W/O. VIJAYAN, GOKULA MANDIRAM, KAADAAMKULAM, ETC
         MURI, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK,
         KOLLAM DISTRICT - 691531.
         BY ADVS.
         C.R.JAYAKUMAR
         SRI.NOBEL RAJU


RESPONDENTS:

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


    2    SUPERINTENDENT OF POLICE,
         KOLLAM RURAL, KOTTARAKKARA, KOLLAM DISTRICT, PIN -
         691506.


    3    THE STATION HOUSE OFFICER
         KOTTARAKKARA POLICE STATION, KOTTARAKKARA, KOLLAM
         DISTRICT, PIN - 691506.


    4    PRABHAKARAN,
         THETTIVILA PUTHEN VEEDU, KAADAAMKULAM, ETC MURI,
         KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM
         DISTRICT - 691531.


    5    NANDIRI
         W/O. PRABHAKARAN, THETTIVILA PUTHEN VEEDU,
         KAADAAMKULAM,ETC MURI, KOTTARAKKARA VILLAGE,
         KOTTARAKKARA TALUK, KOLLAM DISTRICT - 691531.
 W.P.(C).No.6091/2021

                                   2


    6          THANKAMANI,
               SREEKALA BHAVAN, KAADDAMKULAM, ETC MURI,
               KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK,
               KOLLAM DISTRICT - 691531.


    7          SREEKALA
               KAADDAMKULAM, ETC MURI, KOTTARAKKARA VILLAGE,
               KOTTARAKKARA TALUK, KOLLAM DISTRICT - 691531.


    8          RENJITH
               PROPRIETOR, ARYAN EVENTS, KAADDAMKULAM, ETC
               MURI, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK,
               KOLLAM DISTRICT - 691531.


               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.6091/2021

                                            3




                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                    W.P.(C).No.6091 of 2021
             ----------------------------------------------
            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 appropriate order or direction directing the respondents 1 to 3 to provide adequate and effective police protection to the life of the petitioner and her family against the threat of violence from the respondents 4 to 8 and their men.

ii. Issue a writ of mandamus or any other appropriate order or direction directing the respondents 2 & 3 to consider Exhibit P3 complaint in accordance with law and to take appropriate actions thereon within a time frame that this Hon'ble Court may consider reasonable

iii. Issue such other writ order or direction that this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

2. When this writ petition came up for consideration W.P.(C).No.6091/2021

before this Court on 09.03.2021, this Court issued notice by

special messenger to respondents 4 to 8. Though notice was

served, even now there is no representation for respondents 4

to 8. The counsel for the petitioner submitted that there is

continuous threat from the contesting respondents towards

the petitioner. The counsel submitted that criminal cases are

registered against the petitioner at the instance of the

contesting respondents, without any basis. The counsel also

submitted that some of the cases were referred by the Police.

The counsel submitted that the petitioner is not in a position

to live in her residence because of the continuous threat from

the contesting respondents.

3. The Government Pleader submitted that there is a

civil dispute pending between the petitioner and the

contesting respondents. The Government Pleader also

submitted that the Police is not in a position to interfere in the

civil dispute between the parties. The Government Pleader

submitted that if there is any law and order issue and if there

is any threat to the life of the petitioner and her family, the

Police will do the needful.

In the light of the above submission, this writ petition W.P.(C).No.6091/2021

can be disposed granting protection to the life of the petitioner

and family members. As far as the property dispute is

concerned, the petitioner and the contesting respondents can

approach appropriate civil court, in accordance to law.

Therefore this writ petition is disposed in the following

manner:

1. If there is any threat to the life of the

petitioner and her family from respondents 4

to 8 and their men, the petitioner is free to

approach the 3rd respondent with a

representation/complaint.

2. If such a representation/complaint is received,

the 3rd respondent will do the needful to

maintain law and order and to see that the life

of the petitioner and her family is protected

from the contesting respondents.

With the above observations, this writ petition is

disposed of.

Sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 W.P.(C).No.6091/2021






               APPENDIX OF WP(C) 6091/2021

PETITIONER ANNEXURE
EXHIBIT P1        THE TRUE COPY OF THE REFER REPORT IN

CRIME NO. 315/2016 OF KOTTARAKKARA POLICE STATION, KOLLAM.

EXHIBIT P2 THE TRUE COPY OF THE AFFIDAVIT NO.1954/2019 DATED 24.06.2019 ISSUED BY THE VILLAGE OFFICER, KOTTARAKKARA. EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 2.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 23.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS.