Kerala High Court
Dr.Priya Dominic vs The Station House Officer on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 39073 OF 2022
PETITIONERS:
1 DR.PRIYA DOMINIC
AGED 41 YEARS
W/O. DR/ SIBU G. NETTO, ROSE DALE, NEEROZHUKKIL JN,
PERAYAM, MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691
503.
2 DR. SIBU G. NETTO
AGED 46 YEARS
S/O. GRACIAN NETTO, ROSE DALE, NEEROZHUKKIL JN,
PERAYAM, MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691
503.
BY ADVS.
GEORGE SEBASTIAN
PHILIA KOSHY
RESPONDENTS:
1 THE STATION HOUSE OFFICER
KUNDARA POLICE STATION, KUNDARA, KOLLAM DISTRICT - 691
501.
2 AJAY EMERSON
S/O. V.P. EMERSON, VALLIVILA VEEDU, CHALILPOIKA,
MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691 503.
3 ANEESHA EMERSON
D/O. V.P. EMERSON, VALLIVILA VEEDU, CHALILPOIKA,
MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691 503.
4 V.P. EMERSON
S/O. V.P.PATHROSE, VALLIVILA VEEDU, CHALILPOIKA,
MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691 503.
5 AYISHA EMERSON
W/O. V.P. EMERSON, VALLIVILA VEEDU, CHALILPOIKA,
MULAVANA P.O., KUNDARA, KOLLAM DISTRICT - 691 503.
BY ADVS.
BASIL CHANDY VAVACHAN
GEORGIE SIMON(K/001374/2001)
CHARUTHA BHAIJU(K/000413/2018)
CHANDHANA BHAIJU(K/001122/2022)
BASIL SAJAN(K/2266/2022)
BASIL SCARIA(D/8405/2018)
SRI.T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.39073 OF 2022
2
JUDGMENT
Dated this the 12th day of January, 2023
This writ petition is filed seeking the
following reliefs:
"i) To issue a writ of mandamus , order or direction
to the 1st respondent to afford adequate protection
to the life of the petitioners 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 Exhibit P3. "
2. Heard the learned counsel for the
petitioners, 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 petitioners that out of an animosity
towards the parents of the 1st petitioner in
connection with dedication of property for the
formation of a public road, the respondents are
harassing, threatening and attacking the
W.P.(C)No.39073 OF 2022
petitioners and that on the basis of Exhibit P1
complaint submitted, Exhibit P2 FIR has been
registered against the 2nd respondent under
Sections 341, 294(b) and 506 of the IPC. It is
submitted that even thereafter, there are
constant threats and physical assaults against
the petitioners and the complaints filed before
the police are not invoking any response.
4. A detailed counter affidavit has been
placed on record by respondents 3 to 5, wherein
it is stated that there is no attempt to attack the
petitioners at the instance of respondents 3 to 5
and that the dispute between the parties are in
respect of property. It is stated that there is a
public road in front of the houses belonging to
the petitioners and the contesting respondents
and that the petitioners had built a staircase
encroaching on to the public road, against which
W.P.(C)No.39073 OF 2022
complaints had been raised by the respondents
and the said offending construction had to be
removed. It is submitted that on the basis of the
said animosity against the respondents that the
petitioners are repeatedly raising false allegations
against the respondents. It is stated that the
allegation raised in the writ petition that
respondents 3 to 5 have attacked the petitioner
is a false allegation and that there were several
complaints filed by the respondents 3 to 5
against the petitioners which are produced as
Exhibits R3(a) and (b). It is stated that
respondents 4 and 5 are aged and respondents 2
and 3 are not staying in the property and are
away for employment and that the allegations
raised are completely untrue.
5. A reply affidavit has also been filed by
the petitioners, denying the allegations in the
W.P.(C)No.39073 OF 2022
counter affidavit.
6. The learned Government Pleader
submits that on the basis of Exhibit P1 complaint
submitted by the petitioners, Exhibit P2 crime
had been registered and final charge has been
laid and the case is now pending as
C.C.No.14440 of 2022 before the Judicial First
Class Magistrate Court, Kollam. It is submitted
that after the said incident, there have no
untoward incident or law and order issues in the
locality between the petitioners and the
respondents and necessary police patrolling has
also been provided.
Having considered the contentions
advanced and in view of the fact that the
complaint submitted by the petitioners has been
taken up by the police and appropriate steps
have been taken thereon, I am of the opinion
W.P.(C)No.39073 OF 2022
that the writ petition is liable to be closed,
leaving open the contentions of the parties to be
decided in appropriate proceedings. However, in
case there are any law and order issues, the
police shall look into the complaints and take
necessary action in accordance with law.
This writ petition is ordered
accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/12/01
W.P.(C)No.39073 OF 2022
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED
11.10.2022 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE SUPERINTENDENT OF POLICE (RURAL),
KOLLAM AT KOTTARAKKARA.
Exhibit P2 A TRUE COPY OF THE FIR IN CRIME NO. 1821/2022 OF
KUNDARA POLICE STATION DATED 05.11.2022.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
28.11.2022 SUBMITTED BY THE PETITIONERS BEFORE
THE 1ST RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R3 A The true copy of the complaint dated 21/11/2022.
Exhibit R3 B The true copy of acknowledgment receipt dated
21/11/2022 issued by Kundara Police Station.
SSK //TRUE COPY// PA TO JUDGE
