Sabitha vs District Superintendent Of ...
2021 Latest Caselaw 17908 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                       WP(C) NO. 15545 OF 2021
PETITIONER:


          SABITHA, AGED 38 YEARS
          W/O.ABDUL SALEEM, RESIDING AT MAAVUMKUNNATH HOUSE,
          MUTHOOR, TIRUR, MALAPPURAM,
          PIN-676101.

          BY ADVS.
          VINOD RAVINDRANATH
          MEENA.A.
          K.C.KIRAN
          M.R.MINI
          M.DEVESH
          ASHWIN SATHYANATH
          THAREEQ ANVER K.


RESPONDENTS:


    1     DISTRICT SUPERINTENDENT OF POLICE
          OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE,
          MALAPPURAM DISTRICT,PIN-676505.

    2     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE,
          MALAPPURAM DISTRICT,
          PIN-676101.

    3     THE CIRCLE INSPECTOR OF POLICE
          OFFICE OF THE CIRCLE INSPECTOR OF POLICE,TIRUR,
          MALAPPURAM DISTRICT,PIN-676121.

    4     THE STATION HOUSE OFFICER
          TIRUR POLICE STATION,MALAPPURAM DISTRICT,PIN-676101.

    5     ABDUL SALEEM, S/O ENTHEEN, MAVUKKUNNATH HOUSE,MUTHOOR,
          BAVA HAJIPPADI, THRIKANDIYOOR VILLAGE,
          TIRUR TALUK, MALAPPURAM DISTRICT,PIN-676101.

          BY ADV P.VENUGOPAL
 WP(C) NO. 15545 OF 2021
                                2



          SRI E.C BINEESH-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15545 OF 2021
                                     3

                                JUDGMENT

The petitioner, who is stated to be the wife of the 5th

respondent, alleges that said respondent is harassing her and the

children on account of certain domestic disputes between them.

The petitioner says that, therefore, she had no other option, but to

approach respondents 1, 2 and 4, through Exts.P5 and P6 requests

seeking protection; and alleges that no action has been taken by

the said Authority until now, thus constraining her to approach

this Court.

2. When this matter was called today, Sri.P.Venugopal -

learned counsel appearing for the 5th respondent, submitted that

the accusations made by the petitioner against his client in this

case are all unfounded and that he has no intention to cause any

threat or intimidation or violence against the petitioner or her

children.

He, in fact, submitted that conciliation talks are now being

held between his client and the petitioner before the competent

Forum and thus prayed that no further orders be issued against his WP(C) NO. 15545 OF 2021

client.

3. The learned Government Pleader - Sri.E.C.Bineesh,

submitted that, as of now, there are no law and order issues

between the parties and that police are keeping a strict vigil to

ensure that there is no breach of peace, in any manner whatsoever,

particularly because this Court has already issued an interim order

dated 03.08.2021 to such effect.

Taking note of the afore and recording the submissions of

Sri.P.Venugopal - that his client will not in any manner cause

threats or intimidation or commit any conduct in violation of law

against the petitioner or her children - I order this writ petition,

directing the 4th respondent - Station House Officer, to ensure that

none of the parties are allowed to take law into their own hands

and that there is no violation of law and order, in any manner,

whatsoever. Needless to say, if any complaint is still made by the

petitioner against the 5th respondent, the 4th respondent will take

note of the same and initiate quick and swift action on it as per

law.

WP(C) NO. 15545 OF 2021

Needless to say, I have not considered the merits of the

internecine disputes of the parties relating to their domestic life

and that they are all left open to be pursued by them appropriately,

as they are advised, before the competent Forum.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/01/09/2021 WP(C) NO. 15545 OF 2021

APPENDIX OF WP(C) 15545/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 24.9.2018 IN CMP 4545 OF 2018 IN MC 71/201,JFCM COURT-I,TIRUR.

Exhibit P2 TRUE COPY OF THE ORDER DT:18.08.2020 IN B.A.1850/2020 OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE ORDER DATED 16.07.2021 IN CMP 413/2021 IN MC 71/2018,JFCM-I,TIRUR.

Exhibit P4 TRUE COPY OF THE ORDER DATED 30/7/2021 IN CRL.M.P.NO.1303/2021 IN CRL.A.47/2021,COURT OF SESSION,MANJERI DIVISION.

Exhibit P5 TRUE COPY OF COMPLAINT DATED 29.07.2021 BEFORE THE CIRCLE INSPECTOR,TIRUR.

Exhibit P6 TRUE COPY OF THE COMPLAINT DT 29.07.2021 BEFORE THE DISTRICT SUPERINTENDENT OF POLICE,TIRUR.

Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE,TIRUR,ON RECEIVING EXHIBIT P6 COMPLAINT.