Kerala High Court
Geetha Devi vs The District Police Chief on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 4241 OF 2020
PETITIONERS:
1 GEETHA DEVI,
AGED 65 YEARS
W/O.SREENIVASA NAILK, ARACKAL HOUSE, CHIRACKAKOM,
VARAPUZHA - 683 517.
2 LEKHA SARMA,
AGED 50 YEARS
W/O.BALAKRISHNA SARMA, D2-01 BADARIDHAM CHS,NEAR
RAILWAY GATE, TITWALA WEST,MAHARASHTRA - 421 605.
BY ADV S.SACHITHANANDA PAI
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
ERNAKULAM RURAL DISTRICT,ERNAKULAM - 683 101.
2 THE C I OF POLICE,
NORTH PARUR POLICE STATION,NORTH PARUR - 683 513.
3 MANOHARA PRABHU,
AGED 67 YEARS, S/O.A.HARIHARA PRABHU,
KANNAMPARAMBIL HOUSE, PARAVOOTHARA, NORTH PARUR -
683 513.
4 KANTHIMATHY,
AGED 63 YEARS, W/O.MANOHARA PRABHU, KANNAMPARAMBIL
HOUSE, PARAVOOTHARA, NORTH PARUR - 683 513.
BY ADVS.
SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.4241/2020
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.4241 of 2020
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Dated this the 22nd day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
1st and 2nd respondents to give adequate and
sufficient police protection for the life and
property of the petitioners.
ii. Issue such other writ, order or direction as this
Hon'ble Court deems fit and proper in the nature
and circumstances of the case.
2. When this writ petition came up for consideration
before this Court on 14.02.2020, this Court passed the
following order:
"Urgent notice to respondents 3 and 4 by special
messenger. The learned Government Pleader takes
notice for respondents 1 and 2.
The police shall accord necessary protection, if any
obstruction is being caused to the Taluk Surveyor,
W.P.(C).No.4241/2020
N.Paravur to carry out the exercise as noted in
Ext.P5."
3. This writ petition was filed when there was threat
from the contesting respondent for measuring the property by
the Taluk Surveyor for which the notices were issued as
evident by Exts.P4 and P5. The counsel for the petitioners
submitted that measurement is already over. Now the
apprehension of the petitioners is that there is danger to the
life of the petitioners from contesting respondents. The
counsel for the contesting respondents submitted that there
was a civil dispute between the parties and the matter is now
pending before the Supreme Court. The counsel submitted
that any order passed by this Court in this writ petition will
affect their right in the pending matter before the Supreme
Court. The Government Pleader submitted that there is no
law and order issue and if there is any law and order issue, the
Police will do the needful.
4. The apprehension of the petitioners is that there is
danger to the life of the petitioners. If there is any danger to
the life of the petitioners, it is the duty of the Police to do the
needful to protect the life of the petitioners. The contention of
W.P.(C).No.4241/2020
the contesting respondents is that it will prejudice their right
in the civil case before the Supreme Court, cannot be
accepted. All the contentions of the contesting respondents
regarding the civil dispute are left open.
In the light of the above submission, this writ petition
can be disposed in the following manner:
1. If there is any threat to the life of the
petitioners, the petitioners are free to
approach the Station House Officer concerned
with a representation/complaint.
2. If such a representation/complaint is received,
the Station House Officer will do the needful to
see that the petitioners' life is protected.
3. All other contentions of the contesting
respondents regarding the property dispute
are left open.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.4241/2020
APPENDIX OF WP(C) 4241/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE FINAL DECREE IN OS
725/1994 OF THE SUB COURT NORTH PARUR.
EXHIBIT P2 COPY OF THE LAND TAX RECEIPT ISSUED TO
THE 1ST PETITIONER DATED 10/02/2020.
EXHIBIT P3 COPY OF THE LAND TAX RECEIPT ISSUED TO
THE 2ND PETITIONER DATED 04/09/2018.
EXHIBIT P4 COPY OF THE NOTICE DATED 11/02/2020
ISSUED TO THE 1ST PETITIONER BY THE
TALUK SURVEYOR, NORTH PARUR.
EXHIBIT P5 COPY OF THE NOTICE DATED 11/02/2020
ISSUED TO THE 2ND PETITIONER BY THE
TALUK SURVEYOR,NORTH PARUR.
EXHIBIT P6 COPY OF THE COMPLAINT DATED 10/02/2020
FILED BEFORE THE 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE CERTIFICATE DATED
11.4.2017 FROM THE MEDICAL BOARD
CONSTITUTED BY THE JUDICIAL FIRST
CLASS MAGISTRATE I NORTH PARUR.
EXHIBIT R4(B) TRUE COPY OF THE ORDER DATED 1.2.2020
PASSED IN CC NO.617/2006 BY THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
NORTH PARAVUR.
EXHIBIT R4(C) TRUE COPY OF THE LETTER DATED 1.2.2020
ISSUED BY THE JFCM-I, NORTH PARAVUR TO
THE CHIEF JUDICIAL MAGISTRATE.
EXHIBIT R4(D) TRUE COPY OF THE ORDER DATED 22.3.2012
IN I.A.NO.1422/2010 FILED BY THE 4TH
RESPONDENT.
EXHIBIT R4(E) TRUE COPY OF THE JUDGMENT DATED
28.2.2019 IN FAO NO.62/2015 BEFORE
THIS HON'BLE COURT.
EXHIBIT R4(F) TRUE COPY OF THE OBJECTION DATED
13.2.2020 SUBMITTED BEFORE THE
TAHSILDAR BY THE 4TH RESPONDENT.
EXHIBIT R4(G) TRUE COPY OF THE COMPLAINT OF THE 4TH
RESPONDENT DATED 6.2.2020 SUBMITTED
BEFORE THE SUB INSPECTOR OF POLICE,
PARAVUR.
