Thankamma Mathai vs The Superintendent Of Police
2021 Latest Caselaw 13325 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                        WP(C) NO. 28505 OF 2019
PETITIONER/S:

            THANKAMMA MATHAI
            AGED 75 YEARS
            W/O. LATE MATHAI, OLICKAL HOUSE, MANNATHOOR KARA,
            THIRUMARADY VILLAGE, THIRUMARADY P.O, MUVATTUPUZHA TALUK,
            ERNAKULAM 686 662

            BY ADVS.
            P.FAZIL
            SMT.JAYASREE MANOJ
            SRI.SAJU THALIATH
            SRI.V.S.SREEJITH
            SMT.S.SMITHA (PARAKKAL)
            SRI.JITHIN PAUL VARGHESE
            ANN MARY FRANCIS



RESPONDENT/S:

     1      THE SUPERINTENDENT OF POLICE
            ERNAKULAM RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE
            (RURAL)
            ALUVA, PIN 683101

     2      THE STATION HOUSE OFFICER,
            KOOTHATTUKULAM POLICE STATION, ERNAKULAM, PIN 686 662

     3      THE REVNEUE DIVISIONAL OFFICER,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER, MINI CIVIL
            STATION, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM, PIN 686
            669

     4      SHISY BASIL,
            AGED 34 YEARS
            W/O. BASIL, PARATHALAKKAL HOUSE, PIRAMADAM P.O,
            MUVATTUPUZHA, ERNAKULAM 686 667
 WP(C) NO. 28505 OF 2019
                            2




    5    BASIL
         AGED 35 YEARS
         S/O. YOHANNAN,PARATHALAKKAL HOUSE, PIRAMADAM
         P.O, MUVATTUPUZHA, ERNAKULAM 686 667

    6    K.I JOSE,
         KAKKANATTU PARAMBIL HOUSE, PARAMBANCHERRY KARA,
         POTHANICADU VILLAGE, PULINTHANAM P.O,
         MUVATTUPUZHA, PIN 686 671

         BY ADV SRI.ALIAS M.CHERIAN



OTHER PRESENT:

         SRI.N.B.SUNIL NATH, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 28505 OF 2019
                                  3




            P.V.KUNHIKRISHNAN, J.
          ===================
           WP(C) No.28505 OF 2019
          ===================
      Dated this the 28th day of June 2021


                        JUDGMENT

The above writ petition is filed with following

prayers;

" 1. Issue a writ of mandamus or such other writ, order or direction commanding respondents 1 and 2 to afford adequate police protection to the life and properties of the petitioner against the threat posed by respondents 4 to 6.

2. Issue any other appropriate writ, order or direction which as the petitioner prays later and this Hon'ble Court may deem fit and necessary to issue in the interest of justice."

2. When this matter came up for consideration on

04.11.2019 this Court passed the following orders, which

is extracted hereunder;

"The fourth respondent was the wife of the deceased son of the petitioner. Fifth respondent is the present husband of the fourth WP(C) NO. 28505 OF 2019

respondent. Sixth respondent is the father of the fourth respondent. The case set out by the petitioner in the writ petition is that respondents 4 to 6 are causing threat to her life and property. The petitioner, therefore, seeks directions for police protection.

2. The learned Government Pleader, on instructions, submits that there was a commercial building held jointly by the petitioner and her deceased son and the dispute between the petitioner and respondents 4 to 6 pertains to the right in the said building.

3. The learned counsel for respondents 4 to 6 submits that they are not posing any threat to the life and property of the petitioner and it is with a view to prevent the fourth respondent from collecting the rent of the building that this writ petition is instituted. It was also pointed out by the learned counsel for respondents 4 to 6 that a suit has already been instituted as OS No.77 of 2019 before the Munisiff's Court, Muvattupuzha for partition and for ancillary reliefs.

Having regard to the age of the petitioner, the nature of dispute as also the relationship between the parties, I deem it appropriate to issue a direction the second respondent to afford police protection to the life and property of the petitioner. It is, however, made clear that this judgment will not preclude the fourth respondent from approaching the civil court for appropriate reliefs in respect of the building and the property in which it is situated. Ordered accordingly."

3. When this matter came up for final hearing, the WP(C) NO. 28505 OF 2019

learned counsel for the petitioner submitted that, there is

no issue at present and if there is any law and order

issue the petitioner may be allowed to approach the police

concerned and there may be a direction to the police to

do the needful.

4. The learned counsel for the contesting

respondents submitted that, there is no question of any

harassment from their side towards the petitioner.

5. The learned Government Pleader submitted

that, there is no law and order issue at present. In the

light of the above submissions this writ petition is

disposed in the following manner.

1) If there is any law and order issue the petitioner

is free to approach the Station House Officer concerned.

2) If such a representation is received from the

petitioner, the Station House Officer concerned will do the

needful, in the light of the interim order passed by this WP(C) NO. 28505 OF 2019

Court on 4.11.2019.

3) All other contentions of the petitioner and the

contesting respondents are left open.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 28505 OF 2019

APPENDIX OF WP(C) 28505/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 27-

07-2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 28-

07-2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE PETITION DATED 29-07-

2019 BY THE KOOTHATTUKULAM POLICE STATION THE PETITION SUBMITTED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 29-

07-2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 23-09-

2019 ISSUED BY KOOTHATTUKULAM POLICE STATION COPY OF PETITION SUBMITTED BY THE PETITIONER.

                  // True Copy      //

                      PA to Judge