Hemamalini V.C vs The Station House Officer
2022 Latest Caselaw 6319 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 8137 OF 2022
PETITIONER:

            HEMAMALINI V.C.
            AGED 68 YEARS
            W/O.PALPU (LATE), "NIRMALYAM",
            NEAR CIVIL LINE ROAD, AYYANTHOLE VILLAGE,
            AYANTHOLE DESOM, THRISSUR TALUK - 680 003.
            BY ADVS.
            P.M.RAFIQ
            AJIT THOMAS
RESPONDENTS:

    1       THE STATION HOUSE OFFICER
            TOWN WEST POLICE STATION, THRISSUR DISTRICT - 680 003.
    2       THE DISTRICT POLICE CHIEF
            THRISSUR DISTRICT- 680 003.
    3       DR.NAYANA MENON
            AGED 49 YEARS, D/O.B.R.MENON, "BALEYAM",
            MODEL ENGINEERING COLLEGE ROAD, THRIKKAKKARA,
            ERNAKULAM DISTRICT - 682 021.
    4       B.R.MENON
            AGED 70 YEARS
            "BALEYAM", MODEL ENGINEERING COLLEGE ROAD,
            THRIKKAKKARA, ERNAKULAM DISTRICT - 682 021.
            BY ADVS.
            SRI.M.G.KARTHIKEYAN
            SRI.NIREESH MATHEW
            SRI.T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8137 OF 2022

                                       2




                                JUDGMENT

Dated this the 3rd day of June, 2022

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of mandamus or such other writ, order or direction commanding respondents 1 and 2 to afford adequate and effective police protection to the life and property of petitioner"

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

Government Pleader as well as the learned counsel appearing for

respondents 3 and 4.

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

petitioner is a senior citizen and that the 3rd respondent, who is her

daughter in law, and the 4th respondent, who is her father, are

threatening the petitioner and making it impossible for her to live

peacefully in her own premises. It is submitted that the petitioner had

submitted complaints before the Station House Officer as well as the

District Police Chief, but no steps have been taken thereon.

4. A counter affidavit has been placed on record by respondents 3

and 4. It is submitted therein that the petitioner is the mother in law of WP(C) NO. 8137 OF 2022

the 3rd respondent and that the writ petition is filed suppressing the facts

of the case. It is submitted that the 3 rd respondent had obtained a

residence order and a protection order from the Judicial First Class

Magtistrate Court-II, Thrissur as evident from Ext.R3(a) and that there

is absolutely no attempt on the part of respondents 3 and 4 to endanger

the life or the property of the petitioner at any point in time.

5. Having considered the contentions advanced on all sides, I notice

that the issue is with regard to a dispute between the parties which

cannot be considered by this Court in these proceedings. However, in

case there is any threat or attack on the petitioner by respondents 3 and

4, the petitioner may inform the Station House Officer who shall afford

adequate protection to the life of the petitioner. All other issues are left

open to be decided in the appropriate proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 8137 OF 2022

APPENDIX OF WP(C) 8137/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 02/02/2022 PREFERRED BY PETITIONER BEFORE THE STATION HOUSE OFFICER, TOWN WEST POLICE STATION, THRISSUR.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 04/02/2022 ISSUED TO PETITIONER FROM TOWN WEST POLICE STATION, THRISSUR TOWARDS RECEIPT OF EXT.P1 REPRESENTATION.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 10/02/2022 PREFERRED BY PETITIONER TO THE DISTRICT POLICE CHIEF, THRISSUR.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 10/02/2022 ISSUED TO PETITIONER FROM THE OFFICE OF THE DISTRICT POLICE CHIEF, THRISSUR TOWARDS RECEIPT TO EXT.P3 REPRESENTATION.

RESPONDENTS' EXHIBITS Exhibit R3(a) TRUE PHOTOCOPY OF THE ORDER DATED 14.01.2022 IN CMP NO.352/2022 IN M.C NO.6/2022 PASSED BY THE JUDL. FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR.