Sherly Y Panicker vs State Of Kerala
2022 Latest Caselaw 11860 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                        WP(C) NO. 25120 OF 2022
PETITIONER:

          SHERLY Y PANICKER
          AGED 47 YEARS, W/O. BIJU GEORGE, PUTHENVILA VADAKKETHIL
          VEEDU, THRIPPALAZHIKOM P.O., KAREEPRA, KUNDARA, KOLLAM,
          PIN-691509, NOW RESIDING AT TYPE III, QR NO.3, CRPF,
          PALLIPURAM, THIRUVANANTHAPURAM-695316.
          THOMAS ABRAHAM
          MERCIAMMA MATHEW
          ASWIN.P.JOHN
          R.ANANTHAPADMANABAN
          PAUL BABY
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     STATE POLICE CHIEF,
          KERALA STATE, POLICE HEADQUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM-695010.
    3     DISTRICT POLICE CHIEF,
          KOLLAM RURAL, KOTTARAKKARA-691506.
    4     DEPUTY SUPERINTENDENT OF POLICE,
          KOTTARAKKARA, KOLLAM-695541.
    5     CIRCLE INSPECTOR OF POLICE,
          EZHUKONE POLICE STATION, KOLLAM-691505.
    6     SHIBU Y PANICKER,
          NELLIVILA PANICKERS VIEW, ERUMBANAGADU P.O.,
          EZHUKONE, KOTTARAKKARA, KOLLAM-691505.
    7     M.G.RAJU,
          RETIRED SUB INSPECTOR OF POLICE, THUSHARA HOUSE,
          NEAR M A AUDITORIUM, AYOOR JN., KOLLAM DISTRICT-691533.
    8     BIJU POOYAPALLI,
          CIVIL POLICE OFFICER, EZHUKONE POLICE STATION,
          EZHUKONE, KOLLAM DISTRICT-691505.
          T.K.SHAJAHAN, SR.GP
          K.T.THOMAS
          MATHEW BOB KURIAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25120 OF 2022

                                        2


                                JUDGMENT

Dated this the 21st day of December, 2022 This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 5 to take effective action against the 8th respondent who has continually been harassing the petitioner under the influence of the 6th and 7th respondents

(ii) issue a writ of mandamus or any other appropriate writ, order or direction to the 8th respondent not to harass the petitioner or her family members.

(iii) issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 to 5 to conduct an enquiry against the 8th respondent police official who has acted illegally to assist the 6th respondent"

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for

respondents 6 and 7.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is a Lady Nursing Officer working at Central Reserve Police

Force group centre at Pallipuram. It is submitted that the 6 th respondent,

who is her brother, has raised a civil dispute against her. It is submitted

that in connection with the civil dispute between the petitioner and the

6th respondent, the petitioner is being unnecessarily harassed, called WP(C) NO. 25120 OF 2022

over telephone and vexed by the 8 th respondent, who is a Civil Police

Officer. It is contended that the police are unnecessarily involving

themselves in the civil dispute between the parties.

4. A memo has been submitted by the Senior Government Pleader

producing the report submitted by the Station House Officer, Ezhukone

Police Station. It is submitted that the 6 th respondent had lodged a

complaint before the DYSP Office, Kottarakkara stating that his mother

Ponnamma was forcefully taken away by the petitioner to her house.

There were allegations of ill treatment towards the mother in the

complaint registered. It is submitted that once complaint was raised, the

Civil Police Officer had been deputed for enquiry and the Civil Police

Officer had spoken to the petitioner over telephone. It is submitted that

thereafter, the petitioner was required to come to the police station for

an enquiry into the complaint, but the petitioner did not came. It is

submitted that there has been no harassment to the petitioner at the

instance of any of the respondents.

5. The learned counsel appearing for respondents 6 and 7 submits

that a complaint has been submitted before the police and that it was WP(C) NO. 25120 OF 2022

only an enquiry which was sought to be conducted by the police and

that there is no harassment of any nature.

6. An interim order was passed on 10.08.2022 directing that the

police shall not be involved in any civil dispute between the parties and

in case the petitioner's presence is required for investigation in

connection with any criminal complaint, she shall be summoned only

after serving due notices in accordance with law.

7. Having considered the contentions advanced on all sides, I am of

the opinion that the police can make necessary enquiries into any

criminal compliant which is submitted before them. However, this shall

not lead to any harassment being meted out to the petitioner. In the

above view of the matter, the interim order issued by this Court on

10.08.2022 is made absolute. However, the police are free to make

necessary enquiries into complaints of any offence.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 25120 OF 2022

APPENDIX OF WP(C) 25120/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE MOTHER OF THE PETITIONER IN HER FAVOUR.

Exhibit P1(a) THE TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE MOTHER OF THE PETITIONER IN FAVOUR OF PETITIONER'S SISTER.

Exhibit P2 THE TRUE COPY OF THE ORDER OF THE MUNSIFF'S COURT, PUNALUR DATED 25.6.2022 IN I.A.NO.1 OF 2022 IN O.S.NO.206 OF 2022.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 14.7.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT AUTHORITIES.

RESPONDENTS' EXHIBITS: NIL