Manju vs City Police Commissioner
2023 Latest Caselaw 2837 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                     WP(C) NO. 1769 OF 2023
PETITIONER:

         MANJU
         AGED 38 YEARS
         D/O SUMATHY KRISHNAN,
         RESIDING AT PERINGKOTTU PARAMBU HOUSE,
         T.O.G. ROAD, KALAMASSERY P.O.,
         ERNAKULAM DISTRICT, PIN - 683104

         BY ADVS.
         T.C.SURESH MENON
         B.DEEPAK


RESPONDENTS:

    1    CITY POLICE COMMISSIONER
         X7FH+ ABDUL KALAM MARG,
         MARINE DRIVE,
         ERNAKULAM, KERALA, PIN - 682011
    2    STATION HOUSE OFFICER
         KALAMASSERY POLICE STATION,
         KALAMASSERY P.O.,
         ERNAKULAM DISTRICT, PIN - 682033
    3    SANDEEP
         RESIDING AT THANAYATH HOUSE,
         EMS PASS ROAD,
         KALAMASSERY P.O.
         ERNAKULAM DISTRICT, PIN - 683104
    4    T.T.RATHEESH
         RESIDING AT THANAYATH HOUSE,
         EMS PASS ROAD,
         KALAMASSERY P.O.,
         ERNAKULAM DISTRICT, PIN - 683104
    5    SHAJAN VARGHESE.M.J
         RESIDING AT MUTTATH VEETTIL,
         T.O.G. ROAD,
         KALAMASSERY P.O.,
         ERNAKULAM DISTRICT, PIN - 683104
 WP(C) No.1769 of 2023
                             :2 :


     6      ANSON ANTONY
            RESIDING AT KUNNATHIKKAL HOUSE,
            EMS PASS ROAD,
            KALAMASSERY P.O.,
            ERNAKULAM DISTRICT, PIN - 683104
     7      SHAJI GOPI
            RESIDING AT THANAYATH HOUSE,
            EMS PASS ROAD,
            KALAMASSERY P.O.,
            ERNAKULAM DISTRICT, PIN - 683104
     8      SAJEEVAN
            RESIDING AT THANAYATH HOUSE,
            EMS PASS ROAD,
            KALAMASSERY P.O.,
            ERNAKULAM DISTRICT, PIN - 683104
     9      BABU M.J
            RESIDING AT MUTTATH VEETTIL,
            EMS PASS ROAD,
            KALAMASSERY P.O.,
            ERNAKULAM DISTRICT, PIN - 683104

            BY ADV. E.C.BINEESH GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1769 of 2023
                                :3 :




                        JUDGMENT

Dated this the 1st day of March, 2023

The petitioner, who is residing with her minor

daughter in a house constructed in 2.75 Cents of property in

Thrikkakara North Village, is before this Court aggrieved by

the harassment made to the petitioner by respondents 3 to 9.

Respondents 3 to 9 do not want the petitioner to reside there.

In order to drive away the petitioner, respondents 3 to 9 are

harassing the petitioner in many ways, contends the petitioner.

2. The petitioner alleges that the 5th respondent owns

a Van which is parked round the clock in front of the

petitioner's house and the same is used to consume alcohol

and drugs. The petitioner and her minor daughter are

showered with abuses every time they go out. Though the

petitioner submitted repeated complaints before the 2 nd WP(C) No.1769 of 2023

respondent, the 2nd respondent has not done anything to

remedy the situation. The petitioner is a lady residing alone in

the house along with her minor daughter. Unless

respondents 1 and 2 extend necessary protection, the

petitioner will be put to untold hardship and loss, contends the

petitioner.

3. The Government Pleader, on instructions,

submitted that there is a puramboke land near to the

petitioner's residence. If anybody parks any vehicle in the

puramboke land, the petitioner comes out and makes ruckus.

On the basis of the complaint made by the petitioner, the

police has taken action and if there is any law and order

problem or threat to the petitioner, the 2 nd respondent will

interfere in the matter.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 and 2. In view of the nature of the relief to be

granted in this writ petition, notice to respondents 3 to 9 is

dispensed with.

WP(C) No.1769 of 2023

5. It is the specific case of the petitioner that she is

holding 2.75 Cents of property and is residing there alone with

her minor daughter. Adjacent to the pathway in front of the

house, there is a puramboke land. The petitioner alleges that

the contesting respondents are parking a Van in the

puramboke land and the said Van is used for drinking liquor

and using drugs. The petitioner is not in a position to travel

through the pathway as the respondents are harassing the

petitioner shouting abusive words.

6. I find that though the petitioner cannot take a stand

that nobody should park any vehicle in the puramboke land, if

any vehicle is consistently parked in the puramboke land and

is used for antisocial activities, then it is the duty of

respondents 2 and 3 to ensure that such antisocial activities

are prevented. The petitioner being a lady residing alone with

her minor daughter, respondents 1 and 2 should extend

adequate protection to the petitioner if necessary by

strengthening the police patrol and using police beat. WP(C) No.1769 of 2023

In the circumstances of the case, the writ petition is

disposed of directing respondents 1 and 2 to extend effective

protection to the petitioner resorting to police patrol and police

beat as is found necessary in the facts of the case.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.1769 of 2023

APPENDIX OF WP(C) 1769/2023

PETITIONER'S EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT, DATED 26.05.2022.

EXHIBIT-P2 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DATED 19.12.2022.

EXHIBIT-P3 TRUE COPY OF THE ACKNOWLEDGEMENT, DATED 19.12.2022.

EXHIBIT-P4 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 19.12.2022.

EXHIBIT-P5 TRUE COPY OF THE ACKNOWLEDGEMENT, DATED 19.12.2022.