Nandakumari vs The District Police Chief
2022 Latest Caselaw 9043 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. 18659 OF 2022
PETITIONERS:

    1     NANDAKUMARI
          AGED 70 YEARS
          W/O. LATE CHANDRAN MUTHALI, VIJAYASREE MANDIRAM,
          P.O.KARUMANAMKURUSSI, CHERPULASSERIOTTAPALAM TALUK,
          PALAKKAD DISTRICT-679 504.
    2     VIJAYAN,
          AGED 46 YEARS, S/O. LATE CHANDRAN MUTHALI, VIJAYASREE
          MANDIRAM, P.O.KARUMANAMKURUSSI, CHERPULASSERIOTTAPALAM
          TALUK, PALAKKAD DISTRICT-679 504.
          BY ADVS.
          P.JAYARAM
          GIGI PAPPACHAN
          K.R.PAUL
          SREERAJ M.D.


RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          PALAKKAD- 678 001.
    2     THE STATION HOUSE OFFICER,
          CHERPULASSERI POLICE STATION, CHERPULASSERI, PALAKKAD
          DISTRICT 679 503.
    3     SREEHARSH,
          AGED 27 YEARS, S/O. HARIDASAN, METTIL VEEDU,
          P.O.KARUMANAMKURUSSI, CHERPULASSERI, OTTAPALAM TALUK,
          PALAKKAD DISTRICT-679 504.
    4     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME
          AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
          001.
          BY ADV R.SREEHARI


          BY SRI.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:
 W.P.(C)No.18659 OF 2022

                                        2




                                JUDGMENT

Dated this the 27th day of July, 2022

This writ petition is filed seeking the

following relief:

"i) Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 and 2 to afford adequate and meaningful police protection to the life of the petitioners and their family."

2. Heard the learned counsel for the petitioners

and the learned Government Pleader as well as the

learned counsel appearing for the 3rd respondent.

3. It is submitted by the learned counsel for the

petitioners that there are civil disputes between the

petitioners and the parents of the 3 rd respondent and that

due to the enmity generated on account of the civil

disputes, the 3rd respondent is physically harassing and

threatening the petitioners and that peaceful life of the

petitioners is at peril. It is submitted that criminal cases W.P.(C)No.18659 OF 2022

have also been registered against the 3 rd respondent, on

the complaint raised by the petitioners, as is evident from

Exhibit P1. It is submitted that the petitioners are

entitled to protection to their lives from the threat and

assault by the 3rd respondent.

4. A counter affidavit has been placed on record

by the 3rd respondent. It is contended that there are

three civil suits in existence and there are also orders of

injunction against the petitioners. It is submitted that

the mother of the 3rd respondent has also submitted

complaints against the petitioners before the police. But

no steps have been taken thereon.

5. The learned Government Pleader submits on

instructions that there are admittedly civil suits pending

between the parties and the issue appears to be with

regard to the fixation of boundaries of the properties.

In any view of the matter, I am of the opinion

that this court cannot go into any question of fact with

regard to the civil disputes between the parties, which W.P.(C)No.18659 OF 2022

have to be considered in the appropriate proceedings

before the competent civil court. In case of any overt

acts by the 3rd respondent against the petitioners or vice

versa, the parties may approach the Station House

Officer, who shall afford adequate protection to the lives

of the parties and take necessary steps to see that law

and order is maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/27/07 W.P.(C)No.18659 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF FIRST INFORMATION REPORT IN CRIME Exhibit P1 NO. 477/2021, CHERPULASSERI POLICE STATION. TRUE COPY OF THE RECEIPT DATED 17.04.2022 ISSUED TO THE 1ST PETITIONER FROM CHERPULASSERI Exhibit P2 POLICE STATION ON HER COMPLAINT ABOUT STONE PELTING TO THE HOUSE.

TRUE COPY OF THE PETITION WITH RECEIPT DATED 27.05.2022 SEEKING POLICE PROTECTION FILED BY Exhibit P3 THE 1ST PETITIONER BEFORE THE SUB COLLECTOR, OTTAPALAM.

TRUE COPY OF THE COMMON ORDER DATED 01.01.2022 IN I.A.NO.2487/2021 & I.A.NO.2648/2021 IN Exhibit P4 O.S.NO.263/2021 ON THE FILES OF THE COURT OF MUNSIFF, OTTAPALAM TRUE COPY OF THE ORDER DATED 08.04.2022 IN Exhibit P5 I.A.NO.2587/2021 IN O.S.NO.263/2021 OF THE FILES OF THE COURT OF MUNSIFF, OTTAPALAM. TRUE COPY OF THE PLAINT IN O.S.NO.164/2022 ON Exhibit P6 THE FILES OF THE COURT OF MUNSIFF, OTTAPALAM. RESPONDENT EXHIBITS THE TRUE COPY OF THE PLAINT IN O.S.NO.263/2021 Exhibit R3(A) OF MUNSIFF COURT, OTTPALAM.

TRUE COPY OF THE PLAINT IN O.S.NO.291/2021 OF Exhibit R3(B) MUNSIFF COURT, OTTAPALAM.

TRUE COPY OF THE ORDER PASSED IN Exhibit R3(C) I.A.NO.2764/2021 IN O.S.NO.291/2021 OF MUNSIFF COURT, OTTAPALAM DATED 10.11.2021. TRUE COPY OF THE PETITION FILED BY SREELATHA, W/O. HARIDASAN, METTIL VEEDU, KARIMANAMKURISSI Exhibit R3(D) POST, CHERPLUSSERI, OTTAPALAM TALUK, BEFORE THE 1ST RESPONDENT.

TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION ISSUED BY THE OFFICE OF THE 1ST Exhibit R3(E) RESPONDENT DATED 04.03.2022 WITH PETITION NO.17040/2022/P.

 SSK                       //TRUE COPY//          PA TO JUDGE