Padmavathy vs Station House Officer
2022 Latest Caselaw 9041 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                           WP(C) NO. 369 OF 2022
PETITIONER:

              PADMAVATHY
              AGED 79 YEARS
              W/O. GOPINADHAN, THOTTUMUKHATHU HOUSE, KODUVALA WARD,
              KIZHAKKEKALLADA VILLAGE, KOLLAM DISTRICT.

              BY ADVS.
              S.K.ADHITHYAN
              KEERTHI S. JYOTHI



RESPONDENTS:

     1        STATION HOUSE OFFICER
              EAST KALLADA POLICE STATION, KOLLAM - 691 502.

     2        THOMMAN @ SADAYAN
              AGE NOT KNOWN TO THE PETITIONER, S/O. KARATHUKUNJU,
              MUZHIYAIL VALAYAL HOUSE, KODUVALI, EAST KALLADA, KOLLAM
              DISTRICT - 691 502.

              BY ADV VISHNUDAS HARIDAS



OTHER PRESENT:

              T.K.SHAJAHAN-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 369 OF 2022                     2




                                     JUDGMENT

Dated this the 27th day of July, 2022

This writ petition is filed seeking the following reliefs: -

i) to issue a writ of mandamus writ, order of direction to the 1st respondent to ensure adequate police protection to the life and property of the petitioner.

ii) to issue a writ of mandamus or order, or direction to the 1st respondent to remove the unlawful obstruction caused by the 2nd respondent and his associates in threatening the petitioner from entering into her property.

iii) to issue a writ of mandamus or order, or direction to the 1st respondent to ensure that the 2 nd respondent or his associates do not criminally trespass into the property of the petitioner.

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

Government Pleader and the learned counsel appearing for the

contesting party respondent.

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

that the 2nd respondent and his relatives are illegally encroaching

into the property and threatening the petitioner and members of

the family.

4. The learned counsel appearing for the respondents

submits that there is a civil suit pending between the parties with

regard to the property in question.

In the above view of the matter, the interim order dated

6/1/2022 ordering protection to the life of the petitioner from

threat from anybody including party respondents is made absolute.

However, it is made clear that all other issues including the rights

to property are left open to be decided in the civil suits pending

between the parties.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ska

APPENDIX OF WP(C) 369/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN OS NO.872/85 DATED 30.06.1990.

Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.10.2020 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2. THE RECEIPT WAS ISSUED BY THE 1ST RESPONDENT ON 22.10.2020, IS PRODUCED HERE WITH AND MARKED AS EXHIBIT P3.

Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED AS PETITION NO.123436/2020 DATED 22.10.2020 BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER IN EP NO.205/2020 DATED 30.03.2021 BY THE MUNSIFF COURT, KOLLAM.

Exhibit P5 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 12.07.2021.

Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 12.07.2021.