Sreenath V. R vs The District Police Chief
2022 Latest Caselaw 8702 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 16707 OF 2022
PETITIONERS:

    1       SREENATH V. R
            AGED 33 YEARS
            SON OF RAMAKRISHNAN P K, SREEBHAVAN(VALAVIL),
            MARAVANTHURUTH, KULASEKHARAMANGALAM,
            KOTTAYAM, PIN - 686608
    2       LINET SEBASTIAN
            AGED 32 YEARS
            DAUGHTER OF SEBASTIAN, PULIMOOTIL, KALANKY P. O,
            VAYATHUR, KANNUR, PIN - 670705
            BY ADV JOMY K. JOSE
RESPONDENTS:

    1       THE DISTRICT POLICE CHIEF
            KOTTAYAM, PIN - 686001
    2       THE STATION HOUSE OFFICER
            THALAYOLAPARAMBU POLICE STATION, THALAYOLAPARAMBU,
            KOTTAYAM DISTRICT, PIN - 686605
    3       ANEESH
            EDATTU HOUSE, MARAVANTHURUTH P. O,
            VAIKOM, KOTTAYAM, PIN - 686608
    4       JAYACHANDRAN
            THURAVALLOR HOUSE, MARAVANTHURUTHU P. O,
            VAIKOM, KOTTAYAM, PIN - 686608
    5       RENUKA
            WIFE OF RAMAKRISHNAN P. K, SREEBHAVAN
            (VALAVIL),MARAVANTHURUTHU, KULASEKHARAMANGALAM,
            KOTTAYAM, PIN - 686608
    6       SREEJA RAMAKRISHNAN
            SREEBHAVAN, MARAVANTHURUTHU P. O, VAIKOM,
            KOTTAYAM, PIN - 686608
            BY ADVS.
            LEEJOY MATHEW.V.
            JISSMON A KURIAKOSE
            REGHU SREEDHARAN(K/653/2020)
            T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16707 OF 2022

                                        2




                                 JUDGMENT

Dated this the 7th day of July, 2022 This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or direction to the respondents 1 and 2 to render necessary police protection to the life of the petitioners.

(ii) Declare that the petitioners are entitled to get police protection to their life and the respondents 1 and 2 are duty bound to extend police protection to the petitioners"

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

Government Pleader, the learned counsel appearing for respondents 5

and 6 as well as the learned counsel appearing for the 4th respondent.

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

petitioners are husband and wife and that respondent 3 to 6 are illegally

threatening the petitioners and the peaceful life of the petitioners is

under threat from respondents 3 to 6. It is submitted that Ext.P1 and

further complaints have been preferred before the police, but no action

has been taken thereon.

4. A counter affidavit has been placed on record by respondents 5

and 6 stating that respondents 5 and 6 are the mother and sister of the WP(C) NO. 16707 OF 2022

1st petitioner and that the disputes between the petitioners are

essentially civil in nature. It is contended that complaints have been

raised against the petitioners also and that an FIR is registered against

the 1st petitioner and another on the complaint of the 5th respondent.

5. The learned counsel appearing for the 4th respondent submits that

the 4th respondent is only a neighbor of the petitioners and he is

completely unconnected with the allegations raised. It is contended that

there is absolutely no complaint against the 4th respondent in any of the

complaints submitted by the petitioners and that the impleadment of the

4th respondent as a party in this writ petition is only intended to harass

him.

6. A reply affidavit has been placed on record by the petitioners in

which it is stated that respondents 5 and 6 are threatening and attacking

the 2nd petitioner and that the 2nd petitioner is living in fear for her life

and for that of her child. It is stated that an FIR has been registered

against respondents 5 and 6 on the complaint made by the petitioners

for offences under Section 498-A read with Section 34 of the Indian

Penal Code. It is further contended that the petitioners are not being WP(C) NO. 16707 OF 2022

permitted to live in their house by respondents 5 and 6.

7. I have considered the contentions advanced on all sides. It appears

that the disputes between the parties, that is with petitioners and

respondents 5 and 6, are essentially in the nature of civil disputes with

regard to the right to the property. If that be so, it cannot be resolved

through these proceedings or by resorting to complaints before the

police or seeking police protection. The parties have to approach the

civil court and get their rights decided. On the contention raised by the

2nd petitioner with regard to physical assault, an FIR has already been

registered. There is also an FIR registered with regard to the complaint

raised by the 5th respondent.

8. In the above view of the matter, I am of the opinion that this is not

a case where orders of police protection can be issued. The issues are

left open to be decided in appropriate proceedings in accordance with

law. However, in case of any overt act by any of the parties against the

other, complaints can be submitted before the police who shall take

appropriate action, in accordance with law, on such complaints. WP(C) NO. 16707 OF 2022

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16707 OF 2022

APPENDIX OF WP(C) 16707/2022

PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17-5-2022 Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE MARRIAGE OFFICER THALAYOLAPARAMBU DATED 3-8-2020 Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONERS BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM DATED 14-9-2020 Exhibit P4 A TRUE COPY OF THE CAUSALITY REFERRAL RECORDS DATED 14-9-2020 ISSUED BY KOTTAYAM MEDICAL COLLEGE IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4 Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE PHOTOGRAPHS OF THE 2ND PETITIONER EXHIBIT P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER EXHIBIT P8 A TRUE COPY OF THE FIR IN CRIME NO. 800/2020 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM RESPONDENTS' EXHIBITS EXHIBIT R5 A TRUE COPY OF CMP 158/2020 IN MC 19/2020 EXHIBIT R5 B TRUE COPY OF ORDER GRAMA NYAYALAYA VAIKOM IN CMO 158/2020 DATED 28/07/2020 EXHIBIT R5 C TRUE COPY OF COMPLAINT DT.31/08/2020 BEFORE CIRCLE INSPECTOR THALAYOLAPARAMBU EXHIBIT R5 D TRUE COPY OF COMPLAINT DT. 4/6/2022 BEFORE SHO THALAYOLAPARAMBU EXHIBIT R5 E TRUE COPY OF RECEIPT DT.4/6/2022 ISSUED BY THALAYPLAPARAMBA POLICE STATION