Dolly vs District Police Chief
2021 Latest Caselaw 14847 Ker

Citation : 2021 Latest Caselaw 14847 Ker
Judgement Date : 15 July, 2021

Kerala High Court

Dolly vs District Police Chief on 15 July, 2021

WP(C) NO. 35884 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. 35884 OF 2019
PETITIONER/S:

               DOLLY,
               AGED 34 YEARS
               D/O. M.P. BHADRAN, VIJAYA BHAVANAM, KRISHNAPURAM,
               KAYAMKULAM.

               BY ADVS.
               R.SUNIL KUMAR
               SMT.A.SALINI LAL



RESPONDENT/S:

      1        DISTRICT POLICE CHIEF,
               SUPERINTENDENT OFFICE, ALAPPUZHA-688001.

      2        INSPECTOR OF POLICE,
               C.I. OFFICE, KAYAMKULAM,
               690502.

      3        SUB INSPECTOR OF PO LICE,
               KAYAMULAM POLICE STATION,
               KAYAMKUKLAM-690502.

      4        LALU S
               AGED 42 YEARS, S/O. SHARNGADHARAN, LALY BHAVANAM,
               NEAR S N COLLEGE JUNCTION, KOLLAM-691033.

               BY ADV SRI.B.MOHANLAL

               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. 35884 OF 2019                2


                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No.35884 of 2019
                      --------------------------------------
                  Dated this the 15th day of July, 2021


                                  JUDGMENT

The above writ petition is filed with the following prayers :

i. To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to grant adequate protection to the life of the petitioner from the illegal threats of the 4th respondent and their henchmen. ii. To grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. According to the petitioner, she is suffering from

different physical ailments. Her parents and only sister died.

She married to the 4th respondent in the year 2011. According

to the petitioner, there is mental and physical harassment from

the 4th respondent. Several complaints were submitted before

the authorities. There is no response from the police

authorities. In such situation, this writ petition was filed with

the above prayers.

3. When this writ petition came up for consideration,

this Court passed an order on 27.12.2019, which is extracted

hereunder :

"Learned Govt. Pleader takes notice for respondent Nos. 1 to 3.

Issue urgent notice by special messenger to the 4th respondent.

Having considered the submissions advanced and considering the mental and physical condition of the petitioner herein, I direct the 3rd respondent to ensure protection to the life of the petitioner herein if the same is sought for.

Post on 6.1.2020."

4. The above interim order is in force even now. Today,

the Government Pleader produced a report from the District

Social Justice Officer, Alappuzha. The contents of the report is

extracted hereunder:

"1. As per the direction, enquiry was conducted by visiting the residence of Smt.Dolly D/o M.P.Bhadran, Vijaya bhavanam, Krishnapuram, Kayamkulam who is the petitioner in WPC 35884/2019 filed before Hon'ble High Court of Kerala. As part of enquiry, interacted with Smt.Dolly, the petitioner, Smt.Soudamini (Erulam mannil, Adichipuzha, Ranni, Pathanamthitta) who is petitioner's relative stay with her to take care off. Also collected details from Smt.Jubayiri, Kombanam parambil, Thiruvambadi P.O., Alappuzha working as home Nurse for serving the petitioner.

2. In my enquiry, I came to know that the petitioner is suffering from several physical and mental ailments. It is known that petitioner undergone treatment for Diabetic, epilepsy, high blood pressure and mental illness. The petitioner is a mentally challenged person, not able to communicate, write or read properly. Smt. Soudamini, relative of the petitioner, told that petitioner is violent in somedays. She also informed that the petitioner is not in a position to carry out her basic day to day activities with out others support.

3. In considering the above circumstances, I kindly reported that the petitioner was found physically and mentally weak, not in a position to take rational decisions. However, I humbly requested that an expert opinion may also be sought from a medical practitioner regarding her physical and mental status. I kindly submitted this report before the Hon'ble High Court for kind consideration."

5. The counsel for the 4th respondent submitted that

there is no threat to the petitioner from the 4 th respondent, as

alleged in the writ petition. The counsel submitted that a

matrimonial dispute is pending between the petitioner and the

4th respondent. The counsel submitted that the 4 th respondent

has no intention to attack or assault the petitioner. The same is

recorded. In the light of the above undertaking, this writ

petition can be disposed, directing the Police Officer concerned

to give adequate protection to the life of the petitioner and do

the needful, in accordance to law, whenever it is necessary.

Therefore, this writ petition is disposed, directing the

respondent No.2 to afford adequate protection to the life of the