Rugmini Pillai vs The State Police Chief, ...
2021 Latest Caselaw 18069 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 443 OF 2021
PETITIONERS:

    1     RUGMINI PILLAI, AGED 65 YEARS, D/O.SARASWATHI AMMA,
          RESIDING AT ELAMKAM DEVI, TC 15/52,
          ELANKAM DEVI ANUGRAHA LANE, VELLAYAMBALAM,
          SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-691 002.

          *CORRECTED AS RUKMINI PILLAI, D/O. LATE SARSWATI NAIR,
          65 YEARS, TC 15/52 ELANKOMDEVI ANUGRAHA, VELLAYAMBALAM,
          SASTHAMANGALAM P.O., TRIVANDRUM - 695010.

    2     NANDITHA PILLAI, AGED 45 YEARS, D/O.RUGMINI PILLAI,
          RESIDING AT ELAMKAM DEVI, TC 15/52, ELANKAM DEVI
          ANUGRAHA LANE, VELLAYAMBALAM, SASTHAMANGALAM P.O.,
          THIRUVANANTHAPURAM-691 002

          *CORRECTED AS NANDITA PILLAI, D/O. RUKMINI PILLAI,
          AGED 45 YEARS, TC 15/52, ELANKOM DEVI, ANUGRAHA,
          VELLAYAMBALAM, SASTHAMANGALAM P.O., TRIVANDRUM -
          695010.

          AS PER ORDER DATED 04.02.2021 IN IA 1/2021 IN WPC NO.
          443/2021.

          SMT. RUGMINI PILLAI (PARTY IN PERSON)



RESPONDENTS:

    1     THE STATE POLICE CHIEF, THIRUVANANTHAPURAM,
          OFFICE OF STATE POLICE CHIEF, STATE POLICE
          HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010.

    2     THE STATION HOUSE OFFICER,PEROORKADA POLICE STATION,
          THIRUVANANTHAPURAM DISTRICT-695 010.

          *THE ADDRESS OF R2 IS SUO MOTU CORRECTED IN THE CAUSE
          TITLE AS "STATION HOUSE OFFICER, MUSEUM POLICE STATION,
          THIRUVANANTHAPURAM - 695010"

          AS PER ORDER DATED 13.01.2021 IN WP(C) NO. 443/2021.
 WP(C) NO. 443 OF 2021
                                -2-



    3       T.HARINARAYANAN, S/O.LATE A.THULASIDAS, TC
            15/17(2), MADHAVOM, NEAR CORDIAL REGENCY
            APARTMENT, VELLAYAMBALAM,
            THIRUVANANTHAPURAM-695 010.

            BY ADVS.SRI.E.C.BINEESH, GP
            SRI.GEORGE MATHEW
            SRI.M.D.SASIKUMARAN
            SHRI.PRAVEEN S.
            SHRI.SUNIL KUMAR A.G
            SRI.DIPU JAMES
            SHRI.MATHEW K.T.
            SRI.K.V.GEORGE
            SHRI.STEPHY K REGI
            SRI.V.S.VINEETH KUMAR


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   03.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 443 OF 2021
                                    -3-

                              JUDGMENT

It is clear that the disputes between the parties

in this case are with respect to a pathway, over which

both of them assert civil rights.

2. The petitioners - who are mother and daughter

- allege that the 3rd respondent and his men are

terrorizing them and virtually monopolizing the use of

the pathway in question, obstructing their ingress and

egress to their residence, including illegally parking

vehicles thereon and by putting up installations and

constructions on it without any authority.

3. The petitioners assert that the 3rd respondent

has no right over the pathway at all, though they

concede that certain civil disputes between them and

his twin brother are now pending before the competent

Civil Court. They say that interim orders are issued

by the Civil Court in their favour; and that since

they are still unable to live peacefully in their

residence or to use the pathway in question, they were WP(C) NO. 443 OF 2021

constrained to approach the Police through Ext.P1

seeking protection, but that no action has been taken

thereon, thus compelling them to approach this Court

through this writ petition.

3. The petitioners, therefore, pray that the 2nd

respondent - Station House Officer (SHO), Museum

Police Station, Thiruvananthapuram, be directed to

afford adequate and effective protection to their

lives and properties, so as to enable them to use the

pathway in question without any let or hindrance from

the 3rd respondent, his men and associates.

4. The afore submissions, made by Smt.Rukmini

Pillai, 1st petitioner appearing in person, were

vehemently refuted by Sri.George Mathew - learned

counsel appearing for the 3rd respondent, relying upon

the averments in the counter pleadings filed by his

client. He submitted that the order of the Additional

District Judge - II, Thiruvananthapuram in

C.M.A.No.131 of 2020, dated 10.03.2021, a copy of

which has been produced on record as Ext.R3(b) - would WP(C) NO. 443 OF 2021

luculently show that petitioners were restrained from

causing any obstruction to his client's twin brother

and sister from using the pathway or peacefully

enjoying the same. He contended that suppression of

these vital facts by the petitioners is malicious; and

consequently, prayed that this writ petition be

dismissed.

5. As I have said prefatorily, in this case, the

disputes relating to the internecine rights and claims

of the parties over the pathway in question cannot be

decided by this Court, particularly when there are

civil suits admittedly pending between them before

the competent Civil Courts. Of course, when I say as

afore, am fully aware of the submissions of

Smt.Rukmini Pillai, the 1st petitioner, that the 3rd

respondent is not arrayed in the said civil suits, but

she concedes that his twin brother is a party to it.

6. Therefore, as matters now stand, the

jurisdictional obligation of this Court is to ensure

that the lives and properties of the parties are WP(C) NO. 443 OF 2021

sufficiently protected from each other; and that they

are able to use the pathway without being obstructed

by each other; without fear to their dignity or lives

and to use it throughout the day, without any let or

hindrance from the other.

7. I, therefore, asked the learned Government

Pleader - Sri.E.C.Bineesh, as to the steps taken by

the Police in this regard, and he submitted that the

competent Police Officers are keeping a constant vigil

in the area in question, thus ensuring that there is

no obstruction to the use of the pathway by the

petitioners - either by the 3rd respondent or any

other person - including by parking the vehicles

thereon, causing such impediment.

8. The learned Government Pleader further

submitted that, if this Court is inclined, the 2nd

respondent - Station House Officer, will depute women

officers to the petitioners' house to verify their

well-being; and that their lives will be protected

without any harm being caused by the 3rd respondent or WP(C) NO. 443 OF 2021

any other person.

9. When I hear the learned Government Pleader as

afore, it is without doubt that this is the best that

the petitioners can seek in the given circumstanes,

since, as I have already said above, their disputes

with the 3rd respondent or his twin brother over the

pathway in question cannot be, in any manner, declared

or spoken to by this Court affirmatively in this writ

petition.

Resultantly and recording the submissions of

Sri.George Mathew on behalf of the 3rd respondent, that

his client will not cause any physical harm or

obstruction to the petitioners in using the pathway in

question, I order this writ petition and direct the

2nd respondent - Station House Officer, to afford

adequate and effective protection to the lives of the

petitioners, as also that of the 3rd respondent,

ensuring constantly that either of them do not take

law into their own hands or commit any act which is in

violation of law or in infraction of peace in the area WP(C) NO. 443 OF 2021

in question.

Needless to say, respondent No.2 shall make sure

that no parking in obstruction of the ingress and

egress of the parties is made by any of them or by any

other person in the pathway in question, and that

petitioners are to live a life of dignity and safety.

Of course, if the petitioners have any cause in

future, either against the 3rd respondent or any other

person, they will be at liberty to approach the 2 nd

respondent with an appropriate complaint; in which

event, said Authority will act swiftly and quickly to

ensure that the afore directions are enforced and

complied with scrupulously, without fail.

It goes without saying that this Court has not

entered into the dialectical contentions of the rival

parties with respect to the civil rights, and that all

of them are left open; however, clarifying that

petitioners shall also not cause any obstruction to

the 3rd respondent in using the pathway until they are

armed with an order of injunction against him, that WP(C) NO. 443 OF 2021

they are able to secure from the competent Civil

Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 443 OF 2021

APPENDIX OF WP(C) 443/2021

PETITIONERS' EXHIBITS

EXHIBIT P1 A TRUE COPY OF COMPLAINT FILED TO THE STATE POLICE CHIEF DATED 03.03.2019.

EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH OF THE TWO BOARDS BEARING THE NAME ELANKOM DEVI ANUGRAHA WHICH IS STANDING AT THE ENTRANCE OF THE PETITIONERS PATHWAY/SWAKARYAVAZHI FROM THE VELLAYAMBALAM SASTHAMANGALAM PUBLIC ROAD.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT BEARING NO.H 0133613 DAED 09/07/2012 ISSUED BY THE VILLAGE OFFICE, SATHAMANGALAM.

EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT BEARING NO.KL 01012103242/2020 DATED 23/06/2020 ISSUED BY THE VILLAGE OFFICE, SASTHAMANGALAM.

EXHIBIT P5 TRUE COPY OF THE RECEIPT FOR THE POLICE COMPLAINT DATED 01/03/2019 NUMBERED AS 31044/2019/PHQ.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE ACP OFFICE, THIRUVANANTHAPURAM CITY DATED 19/06/2020.

EXHIBIT P7 TRUE COPY OF RECEIPT ISSUED BY THE ACP OFFICE, THIRUVANANTHAPURAM DATED 19/06/2020.

EXHIBIT P8 A TRUE COPY OF THE PARTITION DEED NO.2332 FROM THE OORUTTAMBALAM SUB REGISTRAR'S OFFICE EXECUTED BY THE LATE SARASWATI NAIR AND THE 1ST PETITIONER AND REGISTERED AT THE OORUTAMBALAM SUB- WP(C) NO. 443 OF 2021

REGISTRAR'S OFFICE IN OCTOBER 1978 BY THE LATE SARASWATI NAIR, THE 1ST PETITIONER'S MOTHER AND THE 2ND PETITIONER'S GRANDMOTHER.

EXHIBIT P9 A TRUE COPY OF THE 2013-2014 KERALA GOVERNMENT RESURVEY DOCUMENT DATED 24/03/2014 SHOWING THE PARTITIONING OF THE PETITIONERS' PROPERTY 33 CENTS OF THE CONTIGUOUS LAND OF SARASWATI VILASOM BUNGLOW IN RESURVEY OF BLOCK NO.57 IN SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM TALUK INTO TWO PARCELS-SURVEY NO.24 AND SURVEY NO.14.

EXHIBIT P10 A TRUE COPY OF A 2013-2014 KERALA GOVERNMENT RESURVEY DOCUMENT-TOWN SURVEY FIELD REGISTER F BLOCK 57 IN SASTHAMANGALAM VILLAGE, THIRUVANANTHAOURAM TALUK DATED 29/05/2019 SHOWING SURVEY NO.14 AS THE SWAKARYAVAZHI PETITIONERS AGAINST SURVEY NO. 473 B-7/1 AND THANDAPER 6585 OF THE PETITIONERS.

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 20/03/2014 OF THE ADDITIONAL TAHSILDAR, THIRUVANANTHAPURAM TALUK BEARING NUMBER LRMS-52653/13.

EXHIBIT P12 A TRUE COPY OF THE WATER BILL OF KERALA WATER AUTHORITY BEARING NO. 72650844 DATED 05/03/2021 WITH THE PETITIONERS' NAMES, CONSUMER NO. VAZ/36/D INDICATING THE CATEGORY AS A DOMESTIC CONNECTION.

EXHIBIT P13 A TRUE COPY OF THE 2ND PETITIONER'S FIRST SEMESTER CERTIFICATE IN POST GRADUATION IN JAPANESE LANGUAGE IN JAWAHALAL NEHRU UNIVERSITY.

EXHIBIT P14 A TRUE COPY OF THE DISABILITY CERTIFICATE OF THE 2ND PETITIONER WP(C) NO. 443 OF 2021

BEARING NO. 31, DATED 23 JAN 2006 ISSUED BY THE BASE HOSPITAL, DELHI CANTONMENT.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3(a) TRUE COPY OF PARTITION DEED NO.945 OF 1954 DATED 25.03.1954 OF OORUTTAMBALM SRO.

Exhibit R3(B) TRUE COPY OF JUDGMENT DATED 10/03/2021 IN CMA NO. 131/2020 OF THE ADDITIONAL DISTRICT JUDGE'S COURT-II, THIRUVANANTHAPURAM.

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