Kerala High Court
Sreemathy Balakrishnan vs State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 18748 OF 2023
PETITIONERS:
1 SREEMATHY BALAKRISHNAN,
AGED 93 YEARS
W/O LATE N.BALAKRISHNAN, NJATTUVETTY HOUSE, RESIDING AT
KALIBHAVAN, THANNYAM VILLAGE, PERINGOTTUKARA P.O.
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680565
2 ABHAYA.N.B,
AGED 64 YEARS
D/O LATE N.BALAKRISHNAN, NJATTUVETTY HOUSE, RESIDING AT
KALIBHAVAN, THANNYAM VILLAGE, PERINGOTTUKARA P.O.
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680565
BY ADVS.
VARGHESE C.KURIAKOSE
SUSANTH SHAJI
ALBIN A. JOSEPH
AMRITHA.J
TINCY MARIA SCARIA
VIPIN C. VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, TRIVANDRUM, PIN - 682031
2 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695010
3 THE SUPERINTENDENT OF POLICE (RURAL)
KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
4 THE DEPUTY SUPERINTENDENT OF POLICE,
IRINJALAKKUDA, STATE HIGHWAY-22, MUKUNDAPURAM,
THRISSUR, PIN - 680125
5 THE STATION HOUSE OFFICER,
ANTHIKKAD POLICE STATION, ANTHIKKAD, THRISSUR (RURAL)
WP(C) NO. 18748 OF 2023
2
THRISSUR DISTRICT, PIN - 680641
6 SALIM
AGE, FATHER'S NAME AND ADDRESS ARE NOT KNOWN TO THE
PETITIONER PHONE NO.9744239505 ADDRESS CORRECTED THE
ADDRESS OF THE 6TH RESPONDENT IS CORRECTED AS SALEEM,
AGED 61 YEARS, S/O.ABDUL RAHMAN, PANIKKAVEETIL HOUSE,
VALLACHIRA, URAKAM, CHATHAKUDAM-680562 AS PER THE
ORDER DATED 03.08.2023 IN I.A. NO.1/2023 IN WP(C)
18748/2023.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
Chacko C A
C.M.CHARISMA(K/424/2002)
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18748 OF 2023
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.18748 of 2023
--------------------------------
Dated this the 14th day of August, 2023
JUDGMENT
Above writ petition is filed seeking the following prayers:
(i) Issue a writ, order or direction in the nature of
Mandamus or other appropriate writ, directing the respondents 2
to 5 herein or the concerned among them to render adequate and
meaningful police protection to the petitioners in the matter of
their life and property against acts of threats and violences
interferences, criminal offences, threatened to be committed by
the 6th respondent and persons under him.
(ii) Issue a writ, order or direction in the nature of
Mandamus or other appropriate writ, directing the respondents 3
to 5 to take immediate and emergent measures to see that persons
like the 6th respondent are not entering into the premises where
the two lady petitioners are residing and they are not subjected to
any harassment by such persons by threats of suicide or criminal
offences or in any other manner whatsoever to secure ends of
justice to them."
2. The 1st petitioner is a lady aged 93 years and the 2 nd petitioner is
a divorcee aged 64 years. The 1st petitioner's son died on 01.09.2012. The
grievance of the petitioners is that the 6th respondent herein came to the
premises of the petitioners and threatening that he would commit
suicide if the amount due to him from the son of the 1 st petitioner is not
WP(C) NO. 18748 OF 2023
paid by the petitioners. The petitioners submitted that they are not
aware about any money transaction between the 1 st petitioner's son and
the 6th respondent. Now the further grievance of the petitioners is that
there is apprehension of danger to the life of the petitioners from the 6 th
respondent, hence this writ petition.
3. Heard the learned counsel for the petitioners, the learned
Government Pleader and the learned counsel appearing for the 6th
respondent.
4. The learned counsel appearing for the 6 th respondent has
submitted that there is absolutely no threat from their side to the
petitioners and it is the case of the 6 th respondent that some amount is
due from the son of the 1st petitioner to him.
5. The learned Government Pleader submits that, there is only a
money transaction dispute between the petitioners and the 6 th
respondent and if there is any threat to the life of the petitioners, the
Police will do the needful.
6. If that is the case, this writ petition itself can be disposed of
recording the submission of the 6th respondent that there is no threat to
the life of the petitioners from the side of the 6 th respondent and that if
WP(C) NO. 18748 OF 2023
there is any such threat in future, the petitioners can be allowed to file a
complaint before the 5th respondent and the 5th respondent will do the
needful to see that there is no threat to the life of the petitioners. But I
make it clear that if there is any money transaction between the 6 th
respondent and the deceased son of the 1st petitioner and the 6th
respondent wants to initiate any proceedings, he is free to do the same
in accordance with law. Therefore, this writ petition can be disposed of
with the following directions:
1. The submission of the 6th respondent that there is no threat to
the life of the petitioners from his side is recorded.
2. If there is any threat to the life of the petitioners from the 6 th
respondent in future, the petitioners are free to submit a complaint
before the 5th respondent and the 5th respondent will do the needful to
see that the life of the petitioners are protected.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SVP
WP(C) NO. 18748 OF 2023
APPENDIX OF WP(C) 18748/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE PETITION DATED
31.05.2023 SUBMITTED TO THE 5TH RESPONDENT
Exhibit P2 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
FROM THE SHO DATED 01.06.2023
Exhibit P3 TRUE PHOTOSTAT COPY OF THE PETITION DATED
31.05.2023 SUBMITTED TO THE 4TH RESPONDENT
Exhibit P4 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED
FROM THE 4TH RESPONDENT DATED 01.06.2023
Exhibit P5 TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 31.05.2023 SUBMITTED TO THE 2ND
RESPONDENT
Exhibit P6 TRUE PHOTOSTAT COPY OF THE REGISTRATION
SLIP PERTAINING TO THE REQUEST THAT WAS
SENT THROUGH REGISTERED POST TO THE 2ND
RESPONDENT DATED 31.05.2023
Exhibit P7 TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 31.05.2023 SUBMITTED TO THE 3RD
RESPONDENT
