Padmakumar vs The Superintendent Of Police
2023 Latest Caselaw 9201 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 28157 OF 2023
PETITIONER:

             PADMAKUMAR, AGED 63 YEARS
             S/O.VASUDEVAN NAIR, SREEVILASOM, MANAKKARA,
             SASTHAMCOTTA P.O, SASTHAMCOTTA VILLAGE, KUNNATHOOR,
             KOLLAM, PIN - 690521
             BY ADVS.
             PRATHEESH.P
             ANJANA KANNATH


RESPONDENTS:

      1      THE SUPERINTENDENT OF POLICE, KOLLAM RURAL,
             ASRAMAM, KOLLAM DISTRICT, PIN - 691001
      2      STATION HOUSE OFFICER
             SASTHAMCOTTA, KOLLAM, PIN - 690521
      3      JYOTHI, AGED 52 YEARS
             W/O.PADMAKUMAR, SREEVILASOM, MANAKKARA,
             SASTHAMCOTTA, KUNNATHOOR, KOLLAM -, PIN - 690540
      4      PARVATHY, AGED 26 YEARS
             D/O.PADMAKUMAR, SREEVILASOM, MANAKKARA,
             SASTHAMCOTTA, KUNNATHOOR, KOLLAM -, PIN - 690540
OTHER PRESENT:

             SRI. RAJEEV JYOTHISH GEORGE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 28157/2023                             2




                 P. V. KUNHIKRISHNAN, J.
              -------------------------------------------
                  WP(C).No.28157 of 2023
              -------------------------------------------
           Dated this the 23rd day of August, 2023


                                JUDGMENT

The above writ petition is filed with the following prayers:

i. Issue a writ of mandamus or any other writ order or direction commanding respondents 1 and 2 to afford adequate and effective police protection to the petitioner against the obstruction and threat caused by the respondents 3 and 4 and their men in entering into the residential building.

ii. Issue a writ of mandamus or any other writ order or direction commanding 2nd respondent to implement Ext.P2 order in its letter and spirit.

iii. Issue a writ of mandamus or any other writ order or direction commanding 2nd respondent to consider Ext.P4 complaint to enable the petitioner to enter into the property in the light of Ext.P2 order.

iv. Issue such other writ order or direction as one just and necessary in the facts and circumstances of the case.

v. To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the writ petition.

[SIC]

2. The petitioner obtained Ext.P2 interim order from the

Family Court, Chavara against the forceful eviction of the petitioner

from the residential building by respondents 3 and 4. It is the case of

the petitioner that even though the petitioner had received Ext.P2

order from the Family Court, the petitioner is unable to enter into the

residential building due to the obstruction caused by respondents 3

and 4 and their men. The petitioner filed Ext.P3 interlocutory

application for a direction to the 2nd respondent to implement Ext.P2

order. The case is posted before the Family Court on 05.10.2023.

The petitioner does not have any other place to reside. Therefore the

petitioner approached this Court under Article 226 of the

Constitution of India.

3. I am of the considered opinion that the remedy of the

petitioner is not by filing writ petition under Article 226 of the

Constitution of India. If the Family Court order is not obeyed by the

parties, the petitioner has to approach the Family Court with appropriate

application. If that application is not considered by the Family

Court, the petitioner can approach this Court under Article 227 of the

Constitution of India. This writ petition need not be entertained.

Therefore this writ petition is dismissed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 28157/2023

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE OP (OTHERS) NO.99/2022 DATED 26.3.2022 FILED BEFORE THE FAMILY COURT, CHAVARA Exhibit P2 THE COPY OF THE ORDER IN I.A NO.2/2022 IN OP(OTHERS) NO.99/2022 DATED 29.3.2022 ON THE FILE OF FAMILY COURT, CHAVARA Exhibit P3 THE COPY OF THE I.A NO.3/2022 IN OP(OTHERS) NO.99/2022 DATED 7.4.2022 BEFORE THE FAMILY COURT, CHAVARA Exhibit P4 THE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.8.2023