Alphonsa vs The Station House Officer
2022 Latest Caselaw 5343 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                    WP(C) NO.14089 OF 2022
PETITIONER :-

          ALPHONSA, AGED 33 YEARS
          D/O. LATE JOSEPH, KULATHINAL HOUSE,
          KOLAHALAMADU P.O., VAGAMON VILLAGE,
          IDUKKI DISTRICT - 685 503.

          BY ADVS.
          GEORGE SEBASTIAN
          PHILIA KOSHY


RESPONDENTS :-

    1     THE STATION HOUSE OFFICER,
          VAGAMON POLICE STATION,
          IDUKKI DISTRICT, PIN - 685 503.

    2     KUNJOONJU,
          S/O. MATHAI, PATTAKKUNNEL HOUSE, KOLAHALAMADU P.O.,
          VAGAMON, IDUKKI DISTRICT - 685 503.

    3     SASIKUMAR,
          S/O. KUTTAPPAN, PATTAKKUNNEL HOUSE,
          KOLAHALAMADU P.O., VAGAMON,
          IDUKKI DISTRICT - 685 503.

    4     SWAPNA,
          W/O. SATHEESH M.S,
          MALIKAKKAL HOUSE, KOTTAMALA P.O.,
          ULUPPUNNI, VAGAMON, IDUKKI DISTRICT - 685 503.

    5     SATHEESH M.S,
          S/O. SUKUMARAN, MALIKAKKAL HOUSE, KOTTAMALA P.O.,
          ULUPPUNI, VAGAMON, IDUKKI DISTRICT - 685 503.

         BY ADVS.
         BIJU .C. ABRAHAM
         THOMAS C.ABRAHAM
         T.K.SHAJAHAN-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14089 OF 2022

                                  -: 2 :-


                              JUDGMENT

Dated this the 20th day of May, 2022

This writ petition is filed seeking the following reliefs :-

"(i) To issue a Writ of Mandamus, order or direction to the 1 st respondent to afford adequate protection to the life of the petitioner from the threats and violence from the part of respondents 2 to 5 and their men.

(ii) To direct 1st respondent to take immediate action on Ext.P5."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for respondents 2 to 5.

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

that respondents 2 to 5, who have raised civil disputes against the

petitioner and her family, are now threatening to physically assault

the petitioner.

4. It is submitted by the learned Government Pleader that

pursuant to the interim order granted by this Court on 19.4.2022,

the police is providing adequate protection to the life of the

petitioner and that there is no law and order situation at present.

5. The learned counsel appearing for respondents 2 to 5

submits that they do not intend to attack or threaten the petitioner

and that the protection granted to the life of the petitioner can WP(C) NO.14089 OF 2022

continue subject, of course, to the civil dispute between the

parties.

In the circumstances, without reference to any

contentions with regard to the civil disputes between the parties,

the interim order is made absolute. In case of any apprehension or

threat from respondents 2 to 5 or anybody claiming through them,

the petitioner may inform the Station House Officer, who shall

afford due protection to the life of the petitioner. All other

contentions are left open to be decided in appropriate proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.5.2022 WP(C) NO.14089 OF 2022

APPENDIX OF WP(C) 14089/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAIN IN OS NO. 36/2022 DATED 2.2.2022 OF THE MUNSIFF COURT, PEERMEDU.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 4.3.2022 IN I.A.

2/2022 IN O.S. NO 36/2022 OF THE MUNSIFF COURT, PEERMEDU.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 29.3.2022 ISSUED FROM THE OFFICE OF THE IST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE STATE POLICE CHIEF DATED 5.4.2022 ALONG WITH ITS RECEIPT.

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 8.4.2022 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE IST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 8.4.2022 ISSUED FROM THE OFFICE OF THE IST RESPONDENT.