Beevathukutty vs State Of Kerala
2021 Latest Caselaw 18305 Ker

                 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. 10018 OF 2021


PETITIONERS:

     1     BEEVATHUKUTTY, AGED 63 YEARS, W/O LATE ABUBACKER,
           BAVUMMAL HOUSE, EDAKKARA, ANDATHODU P.O, THRISSUR
           DISTRICT, PIN-679564.

     2     NAZIR, AGED 36 YEARS, S/O LATE ABUBACKER, (MENTALLY
           CHALLENGED AND REPRESENTED BY BEEVATHUKUTTY, MOTHER),
           BAVUMMAL HOUSE, EDAKKARA, ANDATHODU P.O, THRISSUR
           DISTRICT-679564.

           BY ADV K.NANDINI


RESPONDENTS:

     1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
           GOVERNMENT, HOME DEPARTMENT, GOVERNMENT, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

     2     THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE
           STATION, THRISSUR DISTRICT-679564.

     3     THE SUPERINTENDENT OF POLICE
           AYYANTHOLE, THRISSUR-680002.

     4     NAWAS, S/O LATE ABUBACKER, AGED 29 YEARS MAKKADIPARAMBIL
           HOUSE, GYM ROAD, PONNANI P.O, PONNANI TALUK, MALAPPURAM-
           679577.

     5     SHAMEERA SHAMNAD, D/O LATE ABUBACKER,
           RESIDING AT BAVUMMAL HOUSE, EDAKKARA, ANDATHODU P.O,
           THRISSUR DISTRICT-679564.

           BY ADVS.
           GOVERNMENT PLEADER - SRI.E.C.BINEESH
           K.B.ARUNKUMAR
 WPC 10018/21
                                        2




      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   07.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 10018/21
                                           3



                              JUDGMENT

The petitioners have approached this Court

alleging that respondents 4 and 5 are constantly

harassing them and that they are, therefore,

finding it difficult to reside in their home at

Edakkara, Trissur.

2. According to the petitioners, the 5th

respondent is the daughter of the first among

them and that she is residing in the first floor

of the building in question. They allege that the

5th respondent, along with the 4th respondent, are

showering them with vituperates and are meting

out threats and intimidations to them for

confutative reasons; and that, therefore, they

were constrained to approach the 3rd respondent

with Ext.P2 representation seeking protection.

They say that, however, no action has been taken

by the competent Police Authorities on the said WPC 10018/21

representation, thus constraining them to

approach this Court through this Writ Petition.

3. However, the learned counsel appearing

for the 4th respondent - Sri.K.B.Arun Kumar,

submitted that the allegations made against his

client are wholly untrue and that he has not and

does not intend to cause the petitioners any

threat or intimidation or to commit any act which

is in violation of law. He, therefore, prayed

that this Writ Petition be dismissed as against

his client.

4. I notice that even though notice from

this Court has been validly served on the 5th

respondent, she has chosen not to be present in

person or to be represented through counsel; thus

inferentially guiding me to the impression that

she has no objection to the reliefs sought for in

this Writ Petition being granted to the

petitioners.

5. The learned Government Pleader - WPC 10018/21

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

earlier interim order of this Court, dated

07.06.2021, the Police are now keeping constant

vigil over the residence of the petitioners, thus

ensuring that they are able to live with dignity

and peace, without any hindrance from any person,

including respondents 4 and 5. He added that the

Police Authorities will continue to do so in

future also.

Taking note of the afore submissions and in

particular those made on behalf of the 4th

respondent, I allow this Writ Petition,

confirming the earlier interim order of this

Court dated 07.06.2021; thus directing the 2nd

respondent-Sub Inspector of Police to ensure that

petitioners are afforded adequate and effective

protection to their lives and properties from any

threat or intimidation from any source, including

respondents 4 and 5; and to further act as and

when any complaint is preferred by the WPC 10018/21

petitioners with respect to any illegal conduct,

threatening their peaceful life, swiftly and

quickly without any avoidable delay.

Sd/-

RR                                    DEVAN RAMACHANDRAN
                                           JUDGE
 WPC 10018/21


                APPENDIX OF WP(C) 10018/2021

PETITIONER EXHIBITS

EXHIBIT P1         TRUE COPY OF THE COMPLAINT DATED

3/2/2018 FROM THE 1ST PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P1(A) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE DR. DINESH KUMAR, PSYCHIATRIST, EDAPPAL HOSPITALS, DATED 10.04.2021.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 23.12.2020 FROM 1ST PETITIONER TO 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 24.03.2021 9WITHOUT DOCUMENTS) PREFERRED BY THE 1ST PETITIONER HEREIN/3RD RESPONDENTS IN WPC 3380/2021.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 27/03/2021 FILED BY THE 1ST PETITIONER BEFORE THE MAINTENANCE TRIBUNAL, THRISSUR.