Abdul Majeed P vs The State Of Kerala
2021 Latest Caselaw 12440 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                        WP(C).No.9893 OF 2021(J)

PETITIONER/S:

                ABDUL MAJEED P
                AGED 59 YEARS
                S/O.MUHAMMED, PANTHARA HOUSE, PANTHARANGADI,
                PALATHINGAL, TIRURANGADI, MALAPPURAM PIN 676 306

                BY ADVS.
                SRI.NAVANEETH.N.NATH
                SMT.N.RAJI

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP.BY THE SECRETARY, DEPARTMENT OF HOME, STATE
                SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2         THE SUPERINTENDENT OF POLICE
                MALAPPURAM, MALAPPURAM 676 505

      3         THE CIRCLE INSPECTOR OF POLICE
                TIRURANGADI POLICE STATION, TIRURANGADI,
                MALAPPURAM 676 306

      4         THE SUB INSPECTOR OF POLICE
                TIRURANGADI POLICE STATION, TIRURANGADI,
                MALAPPURAM 676 306

      5         RAHMATHUNISA
                AGED 47 YEARS
                W/O.ABDUL MAJEED, PANTHARA HOUSE, PANTHARANGADI,
                PALATHINGAL, TIRURANGADI, MALAPPURAM PIN 676 306

      6         MAJIDA FARSANA
                AGED 24 YEARS
                D/O.ABDUL MAJEED, PANTHARA HOUSE, PANTHARANGADI,
                PALATHINGAL, TIRURANGADI, MALAPPURAM 676 306

                R1-4 BY GOVERNMENT PLEADER
 WP(C).No.9893 OF 2021(J)      2

OTHER PRESENT:

             GP: SMT K M RESHMI

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9893 OF 2021(J)             3




                               JUDGMENT

Dated this the 14th day of May 2021

The petitioner seeks police protection as against respondents 5

and 6, who are stated to be his wife and daughter respectively to

enable him to reside at his house bearing No.103/39 of Tirurangadi

Municipality.

2. The 4th respondent has filed a statement stating that

respondents 5 and 6 had approached the Judicial First Class Magistrate

Court, Parappanangadi through MC No.59/2020 and that court has

restrained the petitioner from committing any act of mental or physical

violence on respondents 5 and 6, and to pay Rs.10,000/- per month

for maintenance and also restrained the petitioner from alienating the

shared house situated within the limits of the Tirurangadi Municipality.

It is stated that this order has been in force since 06.06.2020. It is

also stated that the petitioner had entered into the shared house on

26.11.2020 and had assaulted respondents 5 and 6. Accordingly, on

the direction of the Judicial First Class Magistrate Court,

Parappanangadi, Crime No.874/2020 of Tirurangadi Police Station

under Section 31 of the Protection of Women from Domestic Violence

Act was registered against the petitioner. The said crime is now

pending as CC No.68/2021 on the file of that court.

3. Regarding the present claim of the petitioner, the 4 th

respondent has stated that enquires revealed that respondents 5 and

6 had not obstructed the petitioner from entering the shared house.

He also states that there is no law and order situation and that if the

petitioner faces any obstruction from using the shared house, he may

approach the police and the police will give him adequate protection.

4. In the overall facts and circumstances of the case, and

considering the fact that respondents 5 and 6 have not appeared,

despite service of notice, I am of the opinion that this writ petition can

be ordered recording the submission of the 4th respondent that there is

no law and order situation and that if the petitioner faces any threat

from respondents 5 and 6, in the matter of residing in the shared

house, the police will render necessary assistance to him on being

petitioned.

5. Accordingly, this writ petition is disposed of recording the

aforesaid submission of the 4 th respondent and directing that in the

event of the petitioner facing any obstruction or threat from

respondents 5 and 6 to live in the house which he shares with

respondents 5 and 6, he may approach the 4 th respondent who shall

after necessary enquiry into the matter render assistance to the

petitioner to enable him to stay in the house together with

respondents 5 and 6. It is made clear that this order should not in

any manner be seen as interfering with any order as passed by the

Judicial First Class Magistrate Court, Parappanangadi or any other

court of competent jurisdiction in respect of claim for maintenance or

acts of domestic violence alleged against the petitioner by respondents

5 and 6.

With the above directions, this writ petition will stand disposed

of.

SD/-

GOPINATH P.

JUDGE

rmm

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRAT-I, PARAPPANANAGADI DATED 6/7/2020 IN CMP NO.2136/2020 IN MC 59/2020

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 24/3/2021 COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, CIRCLE INSPECTOR OF POLICE, TIRURANGADI POLICE STATION.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 24.3.2021

EXHIBIT P4 COPY OF EXHIBIT P2 ALONG WITH PETITIONER'S GRIEVANCES WERE SUBMITTED TO THE A TRUE COPY OF THE COMPLAINT DATED 24.3.2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, SUPERINTENDENT OF POLICE, MALAPPURAM.

EXHIBIT P5 A POSTAL RECEIPT DATED 24.3.2021 EVIDENCING SUBMISSION OF EXHIBIT P4 BEFORE THE 2ND RESPONDENT SUPERINTENDENT OF POLICE, MALAPPURAM.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE APX COURT IN B.K.RAVICHANDRA AND ORS.

VERSUS UNION OF INDIA AND ORS. DATED 24.11.2020.