Kerala High Court
Prabhavathi Amma vs State Of Kerala on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 9645 OF 2021
PETITIONERS:
1 PRABHAVATHI AMMA, AGED 75 YEARS
D/O. BHARATHI AMMA, MELATHIL HOUSE, MANALOOR DESOM,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 695121.
2 RAJALAKSHMI, AGED 57 YEARS
D/O. KAMALAMMA PILLAI, THIRUVATHIRA HOUSE, MANALOOR
DESOM, NEYYATTINKARA P.O, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695121.
BY ADV K.B.PRADEEP
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 STATE POLICE CHIEF, POLICE HEADQUARTERS, THYCAUD,
VELLAYAMBALAM P.O, THIRUVANANTHAPURAM, PIN - 695010.
3 DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA - KATTAKADA ROAD, ALUMMOODU,
NEYYATTINKARA, KERALA, PIN - 695121.
4 POLICE WOMEN CELL OFFICE, KANNETTUMUKKU ROAD,
THYCAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695014.
5 STATION HOUSE OFFICER, NEYYATTINKARA POLICE STATION,
NEYYATTINKARA, KATTAKADA ROAD, ALUMMOODU,
NEYYATTINKARA, KERALA, PIN - 695121.
6 RAJASREE, AGED 47 YEARS, W/O.LATE SHAKTHIDHARAN NAIR,
RESIDING AT SREE SHAKTHI, AIRAKODU, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121.
WPC 9645/21
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7 RAGINI, W/O.LATE SATHEESH KUMAR, RESIDING AT
ROHINI, AIRAKODU, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121.
8 PADMAKUMAR, S/O. KRISHNAN NAIR, RESIDING AT
DHWANI, AIRAKODU, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121.
9 PREETHA B.S, W/O. PADMAKUMAR, AIRAKODU,
NEYYATTINKARA P.O, THIRUVANANTHAPURAM,
PIN - 695121.
10 VINOD KUMAR, S/O. JANARDHANAN NAIR, KAILAS
BHAVAN, CHUNDAVILA, NEYYATTINKARA P.O,
THIRUVANANTHAPURAM, PIN - 695121.
11 RAMANUJAN, S/O PARAMESWARAN NAIR, RESIDING AT
KARTHIKA BHAVAN, KADAKAMPU, AARRALUMOODU P.O,
THIRUVANANTHAPURAM - PIN - 695123.
12 MOHANAKUMAR, S/O. KRISHNAN NAIR, RESIDING AT
ATHIRA BHAVAN, VALIYATHARA, OORUTTAMBALAM,
MAARANALLOOR VILLAGE, THIRUVANANTHAPURAM,
PIN - 695507.
13 DEEPU, S/O. SHANKARAN, RESIDING AT THEKKEY
VAARYA VEEDU MADOM, THATHIYOOR, MANJAVILAKAM P.O,
PERUNKADAVILA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695503.
BY ADVS
SMT.MINI.V.A.
SRI.E.C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 9645/21
3
JUDGMENT
The petitioners claim to be in ownership and
possession of 10 cents of property and allege that
respondents 7 to 13 - who are their neighbours -
are constantly intimidating them, so as to accede
to their illegal demand for widening a pathway
through their property. They say that things have
now come to such a situation that neither they nor
their family members can reside peacefully in
their residences on account of the incessant use
of vituperates by the party respondents and
threats and intimidation from them continuing on a
regular basis.
2. The petitioners say that, therefore, they
preferred Exts.P2, P4, P5 and P12 to P19 before
the competent Police Officers, including the State
Police Chief, but that since no effective action
has been taken thereon, they have been constrained
to approach this Court. They thus pray that the 5 th
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respondent-Station House Officer be directed to
afford them effective and adequate protection from
all illegal action of respondents 6 to 13.
3. Sri.K.B.Pradeep - learned counsel for the
petitioners, supplemented the afore contentions of
his clients saying that, after this writ petition
has been filed, 6 or 7 FIRs have been registered
against the party respondents but that no further
action thereon has been completed. He submitted
that, therefore, this has now virtually emboldened
the party respondents to continue their threats
against his clients and resultantly that the
situation has turned far worse. He, therefore,
prayed that the 5th respondent and the competent
Police Officials in the hierarchy, be directed to
ensure that his clients' property and lives are
effectively and adequately protected.
4. Smt.V.A.Mini - learned counsel appearing
for the 6th respondent, on the contrary, submitted
that the allegations made against her client are
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all untenable and baseless because, in fact, it is
the petitioners who have trespassed into her
client's property for the purpose of constructing
a compound wall. She added that, therefore, it is
her client who should be seeking protection but
that perhaps, to frustrate her legal remedy, the
petitioners have chosen to approach this Court.
She, therefore, prayed that this Writ Petition be
dismissed as against her client.
5. I notice that though service of summons to
respondents 7 to 13 has been validly completed,
they have chosen not to be present before this
Court or to be represented through counsel; thus
inferentially guiding me to the impression that
they have nothing to offer in answer to the
various allegations made in this Writ Petition.
6. The learned Government Pleader -
Sri.E.C.Bineesh, submitted that there are disputes
between the petitioners on one side and the party
respondents and others on the other; and that
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complaints have been made against each other with
respect to the abuses and minor acts of violation
of law. He submitted that whenever a complaint has
been received from the petitioners, the 5th
respondent has registered an FIR and necessary
action taken thereon. He, thereafter, assured this
Court that 5th respondent will ensure that the area
in question is constantly monitored and that the
competent Police Officer will keep vigil over the
conduct of the party respondents as also the
petitioners, to ensure that there is no violation
of law in future and that maintenance of peace is
not breached in any manner whatsoever.
7. When I consider the afore submissions, it
is clear that the complaints of the petitioners
are basically with respect to the alleged threats
and intimidations by the party respondents.
However, the 6th respondent has a different case
and says that it is she who is being threatened by
the petitioners.
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8. Obviously, therefore, there are severe
disputations of facts between the petitioners on
side and the 6th respondent on the other; while
respondents 7 to 13 have kept away from this
Court, without offering any explanation.
9. In the afore circumstances, I am certain
that petitioners are entitled to be given adequate
and effective protection to their property and
lives, reserving liberty to the 6th respondent to
initiate and invoke any civil remedy that she may
be entitled to against the petitioners.
In summation, I allow this writ petition and
and direct the 5th respondent to ensure that the
lives and properties of the petitioners and their
family members are adequately and effectively
protected from any act of threat or violence that
may be meted out to them by the party respondents
or by any other person, acting under them or
otherwise.
The 5th respondent will also ensure that every
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complaint made by the petitioners are properly
investigated and necessary action taken thereon,
without any avoidable delay.
Needless to say, the FIRs registered on the
basis of the petitioners' complaints shall be
investigated into and necessary processes thereon
completed without any avoidable delay; and I
further make it clear that the contentions of the
6th respondent against the petitioners are left
open to be pursued by her, if she is so
interested, before the competent Court/Forum.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 9645/21
APPENDIX OF WP(C) 9645/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE FIR NO.1382/2020 DT
10.6.2020 OF NEYYATTINKARA POLICE
STATION
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DT 15.6.2020
EXHIBIT P3 TRUE COPY OF THE FIR NO.3585/2021 DT
24.12.2021
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
28.01.2021 ADDRESSED TO THE 2ND
RESPONDENT
EXHIBIT P5 TRUE COPY OF COMPLAINT DT 30.3.2021 TO
THE WOMENS CELL POLICE STATION,
THYCAUD, THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE ORDER OF INJUNCTION IN
I.A. NO.2248/2019 IS OS NO.304/2019 IN
THE COURT OF 2ND ADDITIONAL MUNSIFF
COURT, NEYYATTINKARA, DATED 29.03.2019.
Exhibit P7 TRUE COPY OF FIR NO.1382/2020 OF
NEYYATTINKARA POLICE STATION, DATED
10.06.2020.
Exhibit P8 TRUE COPY OF FIR NO.2331/2020 OF
NEYYATTINKARA POLICE STATION, DATED
26.08.2020.
Exhibit P9 TRUE COPY OF FIR NO.3585/2020 OF
NEYYATTINKARA POLICE STATION, DATED
24.12.2020.
Exhibit P10 TRUE COPY OF FIR NO.173/2021 OF
NEYYATTINKARA POLICE STATION, DATED
25.01.2021.
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Exhibit P11 TRUE COPY OF FIR NO. 293/2021 OF
NEYYATTINKARA POLICE STATION, DATED
11.02.2021.
Exhibit P12 TRUE COPY OF THE COMPLAINT FILED BY THE
1ST PETITIONER TO THE 5TH RESPONDENT,
DATED 09.04.2021.
Exhibit P13 TRUE COPY OF COMPLAINT FILED BY THE 1ST
PETITIONER, DATED 20.05.2021.
Exhibit P14 TRUE COPY OF COMPLAINT FILED BY THE 1ST
PETITIONER, DATED 27.05.2021.
Exhibit P15 TRUE COPY OF COMPLAINT FILED BY THE 1ST
PETITIONER, DATED 05.06.2021.
Exhibit P16 TRUE COPY OF FIR NO.1288/2021 OF
NEYYATTINKARA POLICE STATION, DATED
05.06.2021.
Exhibit P17 TRUE COPY OF COMPLAINT FILED BY THE 1ST
PETITIONER, DATED 14.06.2021.
Exhibit P18 TRUE COPY OF LETTER BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT, DATED
18.07.2021.
Exhibit P19 TRUE COPY OF COMPLAINT FILED BY THE 2ND
PETITIONER, DATED 25.06.2021.
Exhibit P20 TRUE COPY OF ADVOCATE COMMISSIONER'S
REPORT IN OS NO. 304/2019 IN THE FILE
OF 2ND ADDITIONAL MUNSIFF
NEYYATTINKARA, DATED 27.07.2021.
Exhibit P21 TRUE COPY OF THE ORDER OF STATUS QUO
DATED 25.03.2021 BY THE ADDITIONAL
MUNSIFF - II, NEYYATTINKARA IN
O.S./0300382/2020.
