Thara V.Avirachan vs Assistant Commissioner Of Police
2022 Latest Caselaw 579 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                        WP(C) NO. 27717 OF 2021
PETITIONER:

          THARA V.AVIRACHAN
          AGED 30 YEARS
          W/. GEORGE P.ZACHAIAH, T.C.3/1611, KDPMRA-37,
          KESAVADASAPURAM, THIRUVANANTHAPURAM,PIN-695 004

          BY ADV M.R.SARIN



RESPONDENTS:

    1     ASSISTANT COMMISSIONER OF POLICE
          POLICE GROUND, CV RAMANPILLAI ROAD, THYCAUD,
          THIRUVANANTHAPURAM, KERALA-695 014

    2     STATION HOUSE OFFICER,
          PEROORKKADA POLICE STATION, THIRUVANANTHAPURAM, PIN-695
          005

    3     SUJA ANI.G.
          AGED 59 YEARS
          T.C.3/1611, KDPMRA-37, KESAVADASAPURAM,
          THIRUVANANTHAPURAM,PIN-695 004

    4     LEANN SARA GEORGE
          AGED 18 YEARS
          T.C.3/1611, KDPMRA-37, KESAVADASAPURAM,
          THIRUVANANTHAPURAM,PIN-695 004

          BY SRI. T. SHAJAHAN, SENIOR GOVERNMENT PLEADER

          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.27717 OF 2021


                                         2




                                  JUDGMENT

Dated this the 14th day of January 2022

This writ petition is filed seeking the following

reliefs:-

"(a)Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents no. 1 and 2 to provide adequate and effective police protection to life of the petitioner and her husband from the illegal acts of the respondent nos.3 and 4.

(b)Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent no.2 to consider and act on Exhibit P3 complaint forthwith and to provide adequate and effective police protection to the petitioner.

2. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader as well as

the learned counsel appearing for the contesting

respondents.

3. It is submitted by the learned counsel appearing

for the petitioner that a case under the Domestic Violence

Act had been filed by the petitioner against respondents 3 W.P.(C)No.27717 OF 2021

and 4 and that the respondents are violating the interim

protection orders passed by the Court in the said case. It

is further submitted that they are threatening and

attacking the petitioner as well.

4. A counter affidavit has been placed on record by

the respondents 3 and 4 stating that they do not intend to

violate the protection orders or attack or intimidate the

petitioner. It is submitted that Exhibit R3(c) is the

protection order obtained by the petitioner which is being

fully complied with.

Having considered the contentions advanced, I

notice that the issue is with regard to a family dispute

between the parties and in view of the fact that the matter

is already pending under the jurisdictional Magistrate,

without prejudice to the right of the parties to approach the

said court for orders, in accordance with law, this writ

petition is closed.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/01 W.P.(C)No.27717 OF 2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MC NO.48/2021 DATED 15.09.2021 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-IX, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 15.10.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 17.11.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 23.10.2021 RECEIVED AND SIGNED BY THE PETITIONER.

EXHIBIT R3(B) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 23.10.2021 RECEIVED AND SIGNED BY THE PETITIONER ON BEHALF OF HER HUSBAND.

EXHIBIT R3(C) TRUE COPY OF THE INTERIM PROTECTION ORDER ISSUED BY THE TEMPORARY SPECIAL COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE TRIAL OF CASES U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT, THIRUVANANTHAPURAM IN CMP 760-A/2021 IN MC 48/2021 ON 16.09.2021.

 SSK                          //TRUE COPY//          PA TO JUDGE