Jyothilakshmi vs The Superintendent Of Police
2022 Latest Caselaw 3188 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 5655 OF 2022
PETITIONER:

          JYOTHILAKSHMI
          AGED 54 YEARS
          W/O. REGHUNATH, CHANGARAMKULATHU HOUSE, NATTIKA P.O.,
          CHAVAKKAD , THRISSUR
          BY ADV V.A.VINOD


RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE
          CAMP OFFICE, KALYAN NAGAR, THRISSUR-680 003
    2     THE STATION HOUSE OFFICER,
          VALAPPAD POLICE STATION, VALAPPAD , THRISSUR-680 567
    3     THE SUB INSPECTOR OF POLICE,
          VALAPAD POLICE STATION, VALAPAD, THRISSUR-680 567
    4     SREEKUMAR,
          S/O. GOPINATHA MENON, CHANGARAMKULAM HOUSE, VELI, FORT
          KOCHI, ERNAKULAM-682 001
          BY ADVS.
          A.BALAGOPALAN
          A.RAJAGOPALAN
          SOJO J.KALLIDUKIL
          P.SEENA

          BY SMT.PRINCY XAVIER-SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5655 OF 2022

                                  2


                       JUDGMENT

Dated this the 18th day of March, 2022

This writ petition is filed seeking directions

to respondents 1 to 3, to afford adequate and effective

protection to the life and property of the petitioner

and her family members from the 4th respondent.

2. It is submitted in the writ petition that the

petitioner and 4th respondent are siblings and that the

petitioner is in possession of the property and a

residential house situated therein, on the basis of a

'will' executed by their mother. It is submitted that

the 4th respondent is threatening and attacking the

petitioner and the other members of her family and

that the 4th respondent has no right to interfere in the

peaceful possession of the property devolved on the

petitioner. It is on these contentions that the writ

petition was filed. An interim order directing the 3 rd

respondent to afford adequate protection to the life

of the petitioner was passed on 18.02.2022. WP(C).No.5655 OF 2022

3. A detailed counter affidavit has been placed

on record by the 4th respondent. It is contended

therein that the 4th respondent was staying in the

property, which belonged to the mother of the

petitioner and the 4th respondent, along with his wife.

It is submitted that challenging the validity of the will

allegedly executed by their mother, the 4th respondent

has instituted O.S.No.22/2022 before the Sub Court,

Chavakkad and that the right and title to the property

is pending adjudication in the civil suit. It is

submitted that under the guise of the interim order

granted by this Court, the 4th respondent has been

driven out of the portion of the house, where he was

staying along with his wife, who is a cancer patient. It

is submitted that the 4th respondent was not even

allowed to take the medicines or personal effects from

the house.

4. Learned counsel for the petitioner submits

that the partition suit was allegedly filed only on WP(C).No.5655 OF 2022

14.02.2022 and that the 4th respondent had been

threatening and attacking the petitioner and a

complaint in this regard had been submitted, as early

as, on 09.02.2022. It is further submitted that in the

guise of a civil suit instituted, the 4 th respondent

cannot threaten the petitioner or attack her.

5. Having considered the contentions advanced

on either side, I am of the opinion that all the issues

with regard to the title to the property and the

genuineness of the 'will', are matters to be decided by

the competent civil court. This Court can and does

not intend to consider any of such contentions in this

writ petition. The only issue which can be considered

by this Court is with regard to the maintenance of law

and order and any threat to the life of the petitioner

and her family from the 4th respondent. However, no

undue advantage can be taken by the petitioner on

account of an interim order of police protection

granted by this Court, which does not state anything WP(C).No.5655 OF 2022

about the rights of the parties on their title to the

property in question.

In the above view of the matter, this writ

petition is disposed of directing that in case there is

any law and order situation, the SHO shall take

appropriate steps to see that law and order is

maintained. In case of any attack or threat from the

4th respondent or anybody claiming through him, the

petitioner may inform the 3rd respondent, who shall

afford adequate protection to the life of the petitioner.

However, it is made clear that the order of protection

to life passed by this Court will have absolutely no

bearing on the property dispute between the parties

which will be decided in accordance with law,

independently.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/18/03 WP(C).No.5655 OF 2022

PETITIONER'S EXHIBITS:

TRUE COPY OF THE WILL NO.94/2007 OF SRO Exhibit P1 THRIPRAYAR TRUE COPY OF THE RATION CARD Exhibit P2 NO.1844151914 OF THE PETITIONER TRUE COPY OF THE PETITION FILED BY THE Exhibit P3 PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.02.2022 TRUE COPY OF THE RECEIPT EVIDENCING Exhibit P4 ACCEPTANCE OF EXT P3 DATED 16.02.2022

RESPONDENT EXHIBITS THE TRUE COPY OF THE PLAINT IN OS 22/2022 Exhibit R4 a FILED BEFORE THE HON'BLE SUB COURT, CHAVAKKAD.

THE TRUE COPY OF AADHAAR CARD OF THE 4TH Exhibit R4 B RESPONDENT.

TRUE COPY OF THE ELECTION IDENTITY CARD O Exhibit R4 C THE 4TH RESPONDENT'S WIFE TRUE COPY OF THE TELEPHONE BILL OF THE Exhibit R4 D 4TH RESPONDENT.

TRUE COPY OF THE HOSPITAL RECORDS OF THE Exhibit R4 E WIFE OF THE 4TH RESPONDENT OBTAINED FROM LAKSHORE HOSPITAL, ERNAKULAM TRUE COPY OF THE COMPLAINT DATED 9/2/2022 Exhibit R4 F FILED BY THE 4TH RESPONDENT AT THE VALAPAD POLICE STATION.

TRUE COPY OF THE POLICE COMPLAINT DATED Exhibit R1 G 9.2.2022

SSK //TRUE COPY// PA TO JUDGE