Aseesa vs District Police Chief
2021 Latest Caselaw 13375 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. 6306 OF 2020
PETITIONERS:

     1     ASEESA,D/O.RASIYA,POOLAKKAL HOUSE, THRIKKANDIYUR,
           KUMARAMANGALAM, TIRUR, MALAPPURAM-676104.

     2     SHEFILA, D/O.RASIYA, POOLAKKAL HOUSE,
           THRIKKANDIYUR, KUMARAMANGALAM, TIRUR, MALAPPURAM-
           676104.

     3     RASIYA,D/O.BAVA, POOLAKKAL HOUSE, THRIKKANDIYUR,
           KUMARAMANGALAM, TIRUR, MALAPPURAM-676104.

           BY ADVS.AUGUSTINE JOSEPH
           SRI.K.S.ROCKEY
           SRI.TONY AUGUSTINE
           SRI.GEORGE RENOY


RESPONDENT/S:

     1     DISTRICT POLICE CHIEF,DOWN HILL, MALAPPURAM-519.

     2     CIRCLE INSPECTOR OF POLICE,
           TIRUR, MALAPPURAM-676101.

     3     STATION HOUSE OFFICER,
           VANITHA POLICE STATION, MALAPPURAM-676101.

     4     SAMEENA,D/O.BAVA, POOLAKKAL HOUSE, THRIKKANDIYUR,
           KUMARAMANGALAM, TIRUR, MALAPPURAM-676104.

           BY ADVS.SRI.JAMSHEED HAFIZ
           SMT.K.K.NESNA


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:
 Case No. WP(C) NO. 6306 OF 2020



                                  -2-


                           JUDGMENT

This Writ Petition is filed with the following prayers:-

(i) issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to give proper and adequate police protection to the petitioners at their house.

(ii) Issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to interfere in the issue and take appropriate steps for the peaceful life of the petitioners in the house.

(iii) issue a writ of mandamus or any other writ, order or direction to the respondents 1,2 and 3 to take appropriate action against the 4 th respondent and their henchmen.

(iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

Case No. WP(C) NO. 6306 OF 2020

(iii) allow this writ petition with costs.

2. The petitioner Nos.1 and 2 are the sisters and the 3rd petitioner is their mother. They are residing together in their parental house. They filed a suit for partition. The suit was decreed. According to the petitioners, without filing any appeal, the 4th respondent tried to evict the petitioners from the house. It is also stated by the petitioners that they filed a final decree petition before the lower court. The grievance of the petitioners is that there is threat to the life of the petitioners from the contesting respondents and their men.

3. The counsel for the 4th respondent submitted that the averments in the Writ Petition are not correct and there is no threat to the life of the petitioners from the side of the contesting respondents.

4. The learned Government Pleader submitted that Case No. WP(C) NO. 6306 OF 2020

if there is any law and order problem, the Police will do the needful in accordance with law.

5. When this Writ Petition came up for consideration on 3.3.2020, this court passed the following order:-

"Issue urgent notice to the 4th respondent by Speed Post.

Police shall maintain law and order, if so warranted.

Post on 16.3.2020."

6. Thereafter, when the matter came up for consideration on 16.3.2020, this court referred the matter for mediation. It is reported that the matter is not settled.

7. Admittedly, there are some civil disputes pending between the parties. This court cannot decide the same while entertaining a petition under Article 226 of the Constitution of India. The parties are free to approach the Case No. WP(C) NO. 6306 OF 2020

civil court for their redressal. But, if there is any threat to the life of the petitioners, they are free to approach the Station House Officer concerned and the Station House Officer will do the needful.

Therefore, this Writ Petition is disposed of in the following manner:-

(i) 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.

(ii) If such a representation is received from the petitioners, the Station House officer will do the needful.

(iii) All other contentions of the petitioners and the contesting respondents are left open.

sd P V KUNHIKRISHNAN, JUDGE.

dl/ Case No. WP(C) NO. 6306 OF 2020

APPENDIX OF WP(C) 6306/2020

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE LIST OF LEGAL HEIRS.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 28.9.2017 IN OS.NO.293/2015 OF MUNSIFF COURT, TIRUR.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 27.12.2019 IN I.A.NO.1988/2019 IN FDIA.NO.795/2018 IN O.S.NO.293/2015 OF MUNSIFF COURT, TIRUR.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 21.12.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 6.1.2020 FROM THE DISTRICT COLLECTOR.

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 14.1.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 14.1.2020 FROM THE 1ST RESPONDENT.