Kerala High Court
Mr. Dominic George vs State Of Kerala on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 4342 OF 2023
PETITIONER:
MR. DOMINIC GEORGE
AGED 53 YEARS
S/O GEORGE,
NELLIKUNNEL HOUSE,
ERAMALLOOR P.O,
KOTHAMANGALAM,
ERNAKULAM, PIN - 686691
BY ADVS.
GIGIMON ISSAC
ALTHEA MELINDA CORREYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY IT'S CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DEPUTY SUPERINTENDENT OF POLICE
MUVATTUPUZHA POLICE STATION,
MUVATTUPUZHA P.O,
ERNAKULAM, PIN - 686661
3 THE STATION HOUSE OFFICER
KOTHAMANGALAM POLICE STATION,
KOTHAMANGALAM P.O,
ERNAKULAM, PIN - 686691
4 JASEENTHA
AGED 52 YEARS
D/O VARGHESE,
NELLIKUNNEL HOUSE,
ERAMALLOOR P.O,
KOTHAMANGALAM,
ERNAKULAM, PIN - 686691
5 AUSTIN
AGED 22 YEARS
S/O DOMINIC,
NELLIKUNNEL HOUSE,
ERAMALLOOR P.O,
KOTHAMANGALAM,
ERNAKULAM, PIN - 686691
WP(C) No.4342 of 2023
:2 :
BY ADVS.
RAJASIMHAN A
VYKHARI.K.U(K/712/2020)
SHARAFUDHEEN M.K.(K/000044/2020)
ANAS ALI M.M.(K/1171/2012)
E.C.BINEESH GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.4342 of 2023
:3 :
JUDGMENT
Dated this the 13th day of March, 2023
The writ petition has been filed seeking protection
for the life of the petitioner against the 4 th respondent-Wife and
the 5th respondent-Son. There are many litigations pending
between the petitioner and the 4th respondent in the Family
Court at Muvattupuzha. Criminal proceedings were also filed
alleging offences under Sections 341, 323, 324, 294(b), 506
and 427 read with Section 34 IPC at Kothamangalam Police
Station.
2. The petitioner states that he is running a Furniture
Manufacturing Unit in the residential premises and
respondents 4 and 5 are obstructing the work of the petitioner.
Respondents 4 and 5 are not permitting the workers engaged
by the petitioner to do the work in the Furniture Manufacturing
Unit, contends the petitioner.
WP(C) No.4342 of 2023
3. Counsel entered appearance on behalf of
respondents 4 and 5 and resisted the writ petition. On behalf
of respondents 4 and 5, it is submitted that it is not
respondents 4 and 5 causing threat. It is the petitioner who is
causing real threat to the life of respondents 4 and 5. The
petitioner has a habit of violent behavior towards the
4th respondent. In fact, the petitioner intends to get rid of the
4th respondent-Wife and to have a second marriage during the
subsistence of the present marriage. Therefore, the writ
petition filed by the petitioner is devoid of any merit. It is liable
to be dismissed.
4. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1
to 3 and the learned counsel appearing for respondents 4 and
5.
5. In order to verify whether an amicable solution is
possible in the dispute, the parties were called in Chambers
also. After interacting with the parties, I find that an amicable
solution to the issues is not likely at this stage.
WP(C) No.4342 of 2023
6. I find that there were complaints of criminal forces
used and FIRs have been lodged in Kothamangalam Police
Station. The petitioner would submit that he had installed
CCTV Cameras in the residential premises which have been
disconnected by the 4th respondent. The 4th respondent, on
the other hand, would submit that the CCTV Cameras will be
of safety to respondents 4 and 5 and respondents 4 and 5 will
not disconnect the CCTV Cameras in any manner.
7. In the facts of the case, taking into consideration
the situation prevailing, I am of the view that the petitioner as
well as respondents 4 and 5 shall ensure that the CCTV
Cameras installed in the residential premises are made
operational forthwith and are maintained so. If the 3 rd
respondent receives any complaint in this regard, the 3 rd
respondent may act in accordance with law.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.4342 of 2023
APPENDIX OF WP(C) 4342/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FOR
PROTECTION OF LIFE PREFERRED BY THE
PETITIONER TO THE 2ND RESPONDENT DY S.P
DATED 28.10.2021.
EXHIBIT P2 TRUE COPY OF O.P NO.964/2021 FILED BY
PETITIONER AGAINST THE 4TH AND 5TH
RESPONDENTS BEFORE THE FAMILY COURT,
MOOVATTUPUZHA.
EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT
SUBMITTED BY ADVOCATE COMMISSIONER IN
I.A 2/2021 IN O.P 964/2021.
EXHIBIT P4 TRUE COPY OF THE FIR NO.232/2022 DATED
05.02.2022 REGISTERED BY KOTHAMANGALAM
POLICE.
EXHIBIT P5 TRUE COPY OF THE WRITTEN COMPLAINT
SUBMITTED BEFORE THE 2ND RESPONDENT BY
THIS PETITIONER DATED 24.05.2022.
EXHIBIT P6 THE COPY OF THE PETITION PREFERRED
BEFORE THE 3RD RESPONDENT ON 24.05.2022
BY THIS PETITIONER.
EXHIBIT P7 TRUE COPY OF THE PETITION PREFERRED
BEFORE THE 2ND RESPONDENT DY.S.P DATED
01.12.2022.
EXHIBIT P8 TRUE COPY OF THE PETITION PREFERRED
BEFORE THE 3RD RESPONDENT S.H.O DATED
01.12.2022.
RESPONDENT EXHIBITS
EXHIBIT R4(A) PRINTOUT OF THE MATRIMONIAL
ADVERTISEMENT PUBLISHED BY THE
PETITIONER IN CLASSICMARRIAGEBUREAU.NET
EXHIBIT R4(B) TRUE COPY OF THE PETITION IN MC NO.
131/2021 I FILED IN THE FAMILY COURT,
MUVATTUPUZHA.
WP(C) No.4342 of 2023
EXHIBIT R4(C) TRUE COPY OF THE PETITION IN OP NO.
638/2021 I FILED IN THE FAMILY COURT,
MUVATTUPUZHA.
EXHIBIT R4(D) TRUE COPY OF THE COMPLAINT FILED BY THE
4TH RESPONDENT BEFORE THE 3RD
RESPONDENT ON 07-12-2021.
EXHIBIT R4(E) TRUE COPY OF THE COMPLAINT FILED BY THE
4TH RESPONDENT BEFORE THE
SUPERINTENDENT OF POLICE, ALUVA ON
23-02-2022.
EXHIBIT R4(F) TRUE COPY OF THE COMPLAINT FILED BY THE
4TH RESPONDENT BEFORE THE 2ND
RESPONDENT ON 04-11-2022.
