Sumam Omanakuttan vs State Of Kerala
2021 Latest Caselaw 20315 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 17120 OF 2021
PETITIONER:

          SUMAM OMANAKUTTAN
          AGED 42 YEARS
          D/O. SARASWATHY, 'HARIHARAKRIPA',
          POOTHAKULAM P. O., KOLLAM DISTRICT,
          PIN - 691 302.

          BY ADVS.
          M.RAJENDRAN NAIR
          M.SANTHY


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN - 695 001.
    2     SUPERINTENDENT OF POLICE (RURAL),
          KOLLAM DISTRICT,
          PIN - 691 001.
    3     ASSISTANT COMMISSIONER OF POLICE,
          CHATHANNOOR, KOLLAM DISTRICT,
          PIN - 691 572.
    4     SUB INSPECTOR OF POLICE,
          PARAVOOR POLICE STATION, SOUTH PARAVOOR,
          KOLLAM - 691 301.
    5     SUBHASH,
          AGED 45 YEARS
          S/O. VIDYADHARAN, NAGARUVILA VEEDU,
          KOONAYIL, PARAVOOR,
          KOLLAM DISTRICT - 691 301.


          SRI. E C BINEESH - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17120 OF 2021

                                         2




                                    JUDGMENT

The petitioner has approached this Court

alleging that she is facing threats and

intimidation from the 5th respondent, who is her

own brother. She says that since the life became

unbearable for her on account of this, she

preferred a complaint before the 4th respondent -

Sub Inspector of Police, followed by Ext.P7

compliant-preferred by her husband, who is

presently in Saudi Arabia. She says that,

however, no action was taken thereon by the

Police, thus constraining her to approach this

Court through this writ petition.

2. I have heard Smt.M.Santhy - learned

counsel appearing for the petitioner and Sri.E.C

Bineesh- learned Government Pleader, appearing

for the official respondents.

3. Even though notice from this Court has WP(C).No.17120 OF 2021

been validly served on the 5th respondent, he has

chosen not to be present in person or to be

represented through counsel; inferentially

guiding me to the impression that he has nothing

to offer in answer to the various allegations

made in this writ petition.

4. Sri. E.C Bineesh - learned Government

Pleader, submitted that after the petitioner

approached the Police Authorities for protection

and in obedience to the interim order of this

Court dated 25.08.2021, Police have ensured that

the lives of the petitioner and her family

members are adequately and effectively protected

from every threat and intimidation, including the

5th respondent. He added that there have been no

violation of law and order in the area in

question and that Police are keeping a close

vigil.

5. I notice from the file that the interim

order aforementioned by the learned Government WP(C).No.17120 OF 2021

Pleader was issued on 25.08.2021 to the following

effect:

"Petitioner will take out notice before admission by speed post returnable in seven days to the 5th respondent.

Learned Government Pleader is directed to obtain instructions from respondents 2, 3 and 4 with respect to the allegations made by the petitioner.

Post this case on 08.09.2021; until which time, I direct the 4th respondent to ensure that the life of the petitioner is adequately protected from all threats including of any from the 5th respondent, making it clear that this will not be used by her to interfere in any civil disputes pending before the parties, if any."

6. Since the 5th respondent is keeping away

from this Court and since the learned Government

Pleader says that petitioner is being afforded

protection, I deem it appropriate to allow this

writ petition, confirming the above interim

order.

Resultantly, this writ petition is allowed,

confirming the afore interim order;

consequentially, directing the 4th respondent to

ensure that the lives and properties of the

petitioner and her family members are adequately WP(C).No.17120 OF 2021

and effectively protected from every threat and

intimidation from any source, including the 5th

respondent or his men or associates.

Needless to say, the Police Authorities will

also ensure that the area where the petitioner

resides is maintained without any violation of

law and order and that the 5th respondent or any

other person is not allowed to cause any breach

thereof.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SPR WP(C).No.17120 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF FIR IN CRIME NO.1793/2020 OF PARAVOOR POLICE STATION.

EXHIBIT P2 TRUE COPY OF FIR IN CRIME NO.18/2021 OF PARAVOOR POLICE STATION.

EXHIBIT P3 TRUE COPY OF O.P. TREATMENT RECORDS DATED 22.01.2021 FROM MCH, KOLLAM. EXHIBIT P4 TRUE COPY OF PLAINT IN O.S.88/2021 OF MUNSIFF'S COURT, PARAVOOR.

EXHIBIT P5 TRUE COPY OF RECEIPT DATED 04.08.2021 ISSUED BY 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF DISCHARGE SUMMARY DATED 25.08.2017 FROM SREE CHITHIRA THIRUNAL HOSPITAL.

EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 12.05.2021 FILED BY OMANAKUTTAN.

RESPONDENT'S/S EXHIBITS: NIL.