Savithry vs The Superintendent Of Police
2021 Latest Caselaw 21429 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 21319 OF 2021
PETITIONER:

          SAVITHRY
          AGED 57 YEARS, W/O.SOMAN, PULICKAL HOUSE,
          EDAYAR P.O., BINANIPURAM, PIN-682502,
          ERNAKULAM DISTRICT.

          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY



RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE
          RURAL, POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR
          NAGAR, ALUVA-683101.

    2     THE STATION HOUSE OFFICER, BINANIPURAM POLICE
          STATION, MUPPATHADOM, ALUVA, ERNAKULAM DISTRICT,
          PIN-682011,

    3     SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION,
          MUPATHADOM, ALUVA, ERNAKULAM DISTRICT, PIN 682011.

    4     SANISH, S/O.SAVITHRY, AGED 34 YEARS, PULICKAL HOUSE,
          EDAYAR P.O., BINANIPURAM, PIN 682502, ERNAKULAM
          DISTRICT,

    5     SREEJITH, S/O.SAVITHRY, AGED 38 YEARS, PULICKAL
          HOUSE, EDAYAR P.O, BINANIPURAM, PIN - 682502,
          ERNAKULAM DISTRICT.


OTHER PRESENT:

          SRI.E C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21319 OF 2021          2

                          JUDGMENT

This is a tragic case where a mother has been

constrained to approach this Court seeking

protection from her own children, namely respondents

4 and 5. However, pending this lis, it is reported

that the 5th respondent is now no more.

2. The petitioner alleges that respondent No.4

is constantly meting out threats and intimidation to

her and that she, therefore, fears for her life,

particularly because he is acting under the

influence of alcohol. The petitioner says that she,

therefore, approached the 2nd respondent - Station

House Officer with Ext.P2 complaint seeking

protection; but that since no action was taken

thereon, she has been constrained to move this Court

through this writ petition.

3. I have heard Shri.Sherry J.Thomas, learned

counsel for the petitioner and Shri.E.C.Bineesh,

learned Government Pleader appearing for the

official respondents. Even though service has been

completed on the 4th respondent validly from this

Court, he has chosen not to be present in person or

to be represented through counsel; thus

inferentially guiding me to the impression that he

has nothing to offer in answer to the allegations

made by the petitioner in this writ petition.

4. Shri.E.C.Bineesh, learned Government

Pleader, submitted that, in obedience to the

directions of this Court in the interim order dated

06.10.2021, the petitioner has been effectively

protected and that 4th respondent has been sternly

warned. He submitted that, as of now, there are no

law and order issues and that petitioner is living

peacefully without any vexation from the said

respondent.

Taking note of the afore submissions and since

the 4th respondent has kept away from this Court, I

allow this writ petition and confirm the interim

order dated 06.10.2021; with a consequential

direction to the 2nd respondent - Station House

Officer, to act implicitly as per its terms and to

ensure that petitioner is constantly protected from

any threat on the side of the 4th respondent and to

keep a close vigil on her residence for this

purpose.

Needless to say, if any complaint is made by

the petitioner against the 4th respondent with

respect to any conduct in violation of law,

necessary action shall be taken by the 2 nd

respondent swiftly and quickly without any avoidable

delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/29.10

APPENDIX OF WP(C) 21319/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF MEDICAL REPORT DATED 03/05/2011 ISSUED FROM THE LISSIE HOSPITAL.

Exhibit P1(A) THE TRUE COPY OF MEDICAL REPORT DATED 14/01/2012 ISSUED FROM THE JUBILEE MISSION MEDICAL COLLEGE HOSPITAL, THRISSUR.

Exhibit P1(B) THE TRUE COPY OF MEDICAL REPORT DATED 27/01/2012 ISSUED FROM THE JUBILEE MISSION MEDICAL COLLEGE HOSPITAL, THRISSUR.

Exhibit P1C THE TRUE COPY OF MEDICAL REPORT DATED 10/03/2012 ISSUED FROM THE JUBILEE MISSION MEDICAL COLLEGE HOSPITAL, THRISSUR.

Exhibit P2 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT OFFICE DATED 24/09/2021.

Exhibit P3 THE TRUE COPY OF THE OP TICKET ISSUED FROM THE DISTRICT HOSPITAL, ALUVA DATED 25/09/2021.

Exhibit P4 THE TRUE COPY OF THE CIRCULAR NO.

41/2020/PHO ISSUED FROM THE DIRECTOR GENERAL OF POLICE DATED 13/11/2020.

Exhibit P5 THE TRUE COPY OF THE CIRCULAR DATED 09/01/2021.