Ithikutty Kodasseri vs Superintendant Of Police
2021 Latest Caselaw 14846 Ker

WP(C) NO. 28673 OF 2019              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                           WP(C) NO. 28673 OF 2019
PETITIONER/S:

               ITHIKUTTY KODASSERI
               AGED 70 YEARS
               W/O. POCKER (LATE), KALLUTHODUVIL HOUSE, KARIPUR AMSOM
               DESOM, KUMMINIPARAMB P.O, THIRURANGADI TALUK, MALAPPURAM
               DISTRICT, PIN-673 638

               BY ADV U.K.DEVIDAS


RESPONDENT/S:

      1        SUPERINTENDANT OF POLICE
               MALAPPURAM, MALAPPURAM DISTRICT-676 505

      2        STATION HOUSE OFFICER,
               KARIPUR POLICE STATION, KARIPUR, MALAPPURAM DISTRICT-673
               647

      3        HAMZA,
               AGED 45 YEARS
               S/O. POCKER, KALLUTHODUVIL HOUSE, KARIPUR AMSOM DESOM,
               KUMMINIPARAMBA P.O, TIRURANGADI TALUK, MALAPPURAM
               DISTRICT-673 638

               BY ADV SRI.N.K.SUBRAMANIAN


OTHER PRESENT:

               SRI.N.B.SUNIL NATH, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28673 OF 2019              2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No.28673 of 2019
                      --------------------------------------
                  Dated this the 15th day of July, 2021


                                 JUDGMENT

The above writ petition is filed with the following prayers :

(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the first and second respondents to provide sufficient protection to the life and property of the petitioner from third respondent and evict him from the house of the petitioner.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing first and second respondents to conduct an enquiry on Ext.P5 complaint of the petitioner."

2. The petitioner is the mother of the 3rd respondent.

There is some family dispute between the petitioner and the 3 rd

respondent. The petitioner apprehend danger from her own

son. When this writ petition came up for consideration, this

Court passed an interim order, affording police protection to

the petitioner.

3. Today, when the matter came up for consideration,

the counsel for the petitioner submitted that the interim order

may be retained and the writ petition may be disposed. The

Government Pleader submitted that there is no problem now

and if there is any threat to the life of the petitioner, the

petitioner is free to approach the Station House Officer

concerned, with a representation.

In the light of the above submission, this writ petition can

be disposed, retaining the interim order and further directing

the petitioner to approach the Station House Officer, whenever

necessary. Therefore, this writ petition is disposed in the

following manner :

1) If there is any threat to the life of the petitioner, the petitioner

is free to approach the Station House Officer concerned.

2) If such a representation is received, the Station House Officer

will do the needful to protect the life of the petitioner.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 28673/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 9.10.2019.

EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 24.01.2019 ISSUED BY THE PALLIKKAL GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE FIRST PAGE OF THE RATION CARD DATED 15.3.2017 IN THE NAME OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.08.2019 IN I.A. NO. 1856/2018 IN O.S. NO. 285/2018 ON THE FILES OF THE HON'BLE MUNSIFF COURT, MANJERI.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 23.9.2019.