Lissa B vs The District Police Chief
2021 Latest Caselaw 22581 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                        WP(C) NO. 2102 OF 2021
PETITIONER:

          LISSA B, AGED 40 YEARS,
          D/O RADHA,CP-1/375, KALLUVILA VEEDU,
          KUNNUMPURAM, PALACHIRA.P.O, VARKALA TALUK,
          THIRUVANANTHAPURAM DISTRICT-695143.

          BY ADVS.R.RAJESH (VARKALA)
          M.KIRANLAL
          MANU RAMACHANDRAN
          T.S.SARATH
          SAMEER M NAIR


RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          O/O. THE DISTRICT POLICE CHIEF,
          TRIVANDRUM RURAL POLICE, UNIVERSITY OF KERALA SENATE
          HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695033.

    2     THE DEPUTY SUPERINTENDENT OF POLICE ,ATTINGAL,
          THIRUVANANTHAPURAM DISTRICT-695101.

    3     THE STATION HOUSE OFFICER, POLICE STATION OF VARKALA,
          THIRUVANANTHAPURAM DISTRICT-695101.

    4     B.RAJEEV, AGED 43 YEARS, S/O.BHASKARAN,
          CP-1/373, KALLUVILA VEEDU,
          KUNNUMPURAM, PALACHIRA.P.O, VARKALA TALUK,
          THIRUVANANTHAPURAM DISTRICT-695143.

    5     SANTHILAKSHMI, AGED 39 YEARS,
          W/O. B.RAJEEV, CP-1/373, KALLUVILA VEEDU,
          KUNNUMPURAM, PALACHIRA.P.O, VARKALA TALUK,
          THIRUVANANTHAPURAM DISTRICT-695 143.

          BY ADVS.SRI.RINU.S.ASWAN, AAMIR SOHRAB M.M.
          SMT.M.ARDRA KRISHNAN
          SRI.E C.BINEESH - GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION     ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2102 OF 2021
                               -2-

                            JUDGMENT

The petitioner alleges that she and her family

are being subjected to grave threats and intimidation

by respondents 4 and 5, who are husband and wife.

2. The petitioner concedes that the 4th

respondent is her brother and alleges that he and 5th

respondent have now collusively initiated certain

actions under the Protection of Women from Domestic

Violence Act, 2005 ('the DV Act', for short); and that

under the guise of the same, they are attempting to

take possession of the house and property in which she

and her family are residing.

3. The petitioner says that there are various

other civil disputes between her and 4th respondent,

and that in view of the same, she now fears for her

and her family's lives; consequently, forcing her to

approach respondents 1 and 2 through Exts.P5 and P6

complaints respectively for protection; but that no WP(C) NO. 2102 OF 2021

action has been taken thereon until now, thus

constraining her to approach this Court through this

writ petition.

4. I have heard Sri.R.Rajesh - learned counsel

appearing for the petitioner; Sri.Rinu S.Aswan -

learned counsel appearing for the 4th respondent;

Sri.Aamir Sohrab - learned counsel appearing for the

5th respondent and Sri.E.C.Bineesh - learned Government

Pleader, appearing for the official respondents.

5. Sri.Rinu S.Aswan, learned counsel for the 4th

respondent, submitted that a detailed counter

affidavit has been filed by his client explaining the

kind of threats faced by him, as also his child; and

he specifically took my attention to Ext.R4(b) series

of photographs. He submitted that, therefore, the

petitioner cannot be heard to say that she is under

attack, because it is she who is now perpetrating

every act of violence.

6. Sri.Aamir Sohrab - learned counsel appearing WP(C) NO. 2102 OF 2021

for the 5th respondent, made submissions relying on a

counter affidavit filed by his client, wherein,

Ext.R5(b) First Information Report and certain other

proceedings before the competent Criminal Court, have

been produced. He then added that, as is evident from

Ext.R5(d), his client was assaulted by the 4th

respondent, in spite of the fact that she is under

protection from a competent Court under the "DV Act".

He alleged that the attempt of the petitioner is to

throw her out of the residential house in question

and, therefore, prayed that this writ petition be

dismissed.

7. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that, in terms of the

interim order of this Court dated 27.01.2021, the

Police have ensured that law and order is maintained

in the area where the petitioner is residing and that

the lives of the petitioner and that of her family

members have been adequately protected. He added that,

based on a complaint made by the petitioner, Crime WP(C) NO. 2102 OF 2021

No.4227/2020 had been registered against the 4th

respondent.

8. However, Sri.R.Rajesh - learned counsel for

the petitioner and Sri.Rinu S.Aswan - learned Counsel

for the 4th respondent, alleged that, in spite of the

interim order of this Court, their clients were

attacked by the other.

9. When I take note of the afore rival

submissions, it is clear that the disputes between the

petitioner and the 4th respondent appear to be taking

dangerous proportions. To add to this are the disputes

between respondents 4 and 5, which lends a completely

different color to the entire equation.

10. I am, therefore, of the firm view that the

lives of the petitioner, as well as that of

respondents 4 and 5 will have to be now adequately

protected, since they seem to be causing harm against

each other in pursuit of their claims, instead of

doing so legally before the competent Courts. WP(C) NO. 2102 OF 2021

Resultantly, I allow this writ petition and

direct the 3rd respondent - Station House Officer, to

ensure that the lives of the petitioner and her family

members, as also that of respondents 4 and 5, are

adequately and effectively protected at all times

against each other; and that none of them cause any

harm to each other, in any manner whatsoever, in

future. This shall be ensured and overseen by the 2nd

respondent - Deputy Superintendent of Police,

Attingal, effectively.

As far as the internecine disputes between the

parties, or between respondents 4 and 5 are concerned,

they are all left open to be pursued by them

appropriately before the competent Courts; and I

further clarify that the afore directions or

observations of this Court will not, in any manner, be

used by any of them in support of their respective

claims before the said Courts.

At this time, Sri.Rinu S.Aswan intervened to say

that, pending this matter, the Police Authorities are WP(C) NO. 2102 OF 2021

forcing his client to settle the civil disputes with

the petitioner. Sri.E.C.Bineesh - learned Government

Pleader, however, opposed this very vehemently,

asserting to the contrary. I, therefore, clarify that,

under the colour of the afore directions, the Police

shall not interfere in the disputes between the

parties.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 2102 OF 2021

APPENDIX OF WP(C) 2102/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE WILL DATED 04.12.2013

EXHIBIT P2 THE TRUE COPY OF THE O.P.RECORDS OF THE HOSPITAL

EXHIBIT P3 THE TRUE COPY OF THE FIR NO.4227/2020 OF VARKALA POLICE STATION,THIRUVANANTHAPURAM.

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 12.10.2020 TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT

EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT

EXHIBIT P7 THE TRUE COPY OF THE POSTAL RECEIPTS OF THE COMPLAINTS SEND BY THE PETITIONER

EXHIBIT P8 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE JFMC,VARKALA.

Exhibit P9 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.9.2021

Exhibit P10 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 1.10.2021

Exhibit P11 THE TRUE PHOTOGRAPH OF THE BROKEN WOODEN FURNITURE WP(C) NO. 2102 OF 2021

Exhibit P11 (A) THE TRUE PHOTOGRAPH OF THE DESTROYED TAPS

RESPONDENT'S/S EXHIBITS :

EXHIBIT R4(A) A TRUE COPY OF THE SECOND WILL OF THE TESTATOR DATED 10/08/2017.

EXHIBIT R4(B) A TRUE COPY OF PLAINT IN OS NO.09/2021 ON THE FILES OF THE HON'BLE MUNSIFF COURT, ATTINGAL DATED 02/02/2021.

EXHIBIT R4(C) A TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT IN OS NO.09/2021 DATED NIL.

EXHIBIT R4(D) A TRUE COPY OF THE ORDER IN IA NO.01/2021 IN OS NO.09/2021 DATED 06/02/2021.

EXHIBIT R4(E) A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL. MA NO. 1/2021 IN CRL. MC NO. 2908/2021 DATED 02/07/2021.

EXHIBIT R4(F) A TRUE COPY OF THE ORDER IN CRL. MA NO.01/2021 IN CRL. MC NO. 4273/2021 DATED 16/09/2021.

EXHIBIT R4(G) A TRUE COPY OF THE COMPLAINT BY 4TH RESPONDENT TO KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS DATED 03/03/2021.

EXHIBIT R4(H) A TRUE COPY OF PHOTOGRAPHS OF ASSAULTS CAUSED TO THE 4TH RESPONDENT'S MINOR CHILD.

EXHIBIT R4(I) A TRUE COPY OF COMPLAINTS BY THE 4TH RESPONDENT TO THE POLICE AUTHORITIES AT VARIOUS DATES.

EXHIBIT R4(J) A TRUE COPY OF THE ORDER IN IA WP(C) NO. 2102 OF 2021

NO.01/2021 IN OS NO. 09/2021 DATED 10/08/2021 ON THE FILES OF THE HON'BLE SUB COURT.

EXHIBIT R5(A) A TRUE COPY OF THE PHOTOGRAPHS OF THE RCC BUILDING.

EXHIBIT R5(B) A TRUE COPY OF THE FIR IN CRL NO.

469/2021 OF THE VARKALA POLICE STATION DATED 22/02/2021.

EXHIBIT R5(C) A TRUE COPY OF THE COMPLAINT ON THE FILES OF THE JFMC-I, VARKALA DATED 26/11/2020.

EXHIBIT R5(D) A TRUE COPY OF THE OP TICKET OF THE 5TH RESPONDENT ISSUED BY THE GOVERNMENT TALUK HOSPITAL, VARKALA DATED 16/11/2021.

//TRUE COPY// P.A. TO JUDGE