Kerala High Court
Ammini vs The Director General Of Police (Law & ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 5153 OF 2024
PETITIONER:
AMMINI
AGED 72 YEARS
W/O LATE MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT, PIN - 682508
BY ADVS.
A.V.JOJO
A.X.VARGHESE
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE (LAW & ORDER),
THIRUVANANTHAPURAM., PIN - 695010
2 STATION HOUSE OFFICER
NARAKKAL POLICE STATION, ERNAKULAM DISTRICT., PIN -
682505
3 SUB INSPECTOR OF POLICE
NARAKKAL POLICE STATION, ERNAKULAM DISTRICT., PIN -
682505
4 NIXON.K.M
S/O MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT., PIN - 682508
5 *[DIVYA,
W/O MICHAEL, KALATHIVEETTIL HOUSE, PUTHUVYPU,
ERNAKULAM DISTRICT, PIN - 682508] *[AS PER ORDER DATED
28.02.2024 IN I.A-1/2024 IN WP(C) 5153/2024, THE
ADDRESS OF R5 IS CORRECTED AS "DIVYA, W/O NIXON.K.M.,
KALATHIVEETTIL HOUSE, PUTHUVYPE, ERNAKULAM DISTRICT,
682 508"].
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR(KAR/171/1998)
ATHUL M.V.(K/1539/2018)
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5153 OF 2024 2
JUDGMENT
The petitioner makes scathing imputations against her son and
daughter-in-law, namely, respondents 4 and 5 and say that she, along
with her elder son and grandson, had been attacked by them in the
past. She explains that this has been done by the party respondents to
drive her away from the house where she is presently residing; and
that, therefore, she had no other option, but to seek police protection
from the 3rd respondent through Ext.P3, which has, however, been
denied. She thus prays that respondents 2 and 3 be directed to afford
necessary protection to her life, as also that of her family, ensuring
that she does not face any physical threat from respondents 4 and 5.
2. However, in response to the afore submissions of Sri.Jojo A.V. -
learned counsel for the petitioner, the learned counsel appearing for
respondents 4 and 5 - Sri.B.Pramod, submitted that the afore
assertions are all untrue and factually incorrect; and that it is, in fact,
his clients who have been attacked by the petitioner's elder son and
grandson. He added that his clients have not and will not commit any
act of violence against the petitioner, nor do they have any reason to
do so; and that this is true with respect to the allegations of threat and
intimidation. He thus prayed that this writ petition be dismissed.
3. The learned Government Pleader - Sri.P.M.Shameer affirmed
that, at the moment, the petitioner is not facing any threat from any
person including respondents 4 and 5 and that this is because the
Police have taken every necessary measure to protect her. He added
that the Police will continue to maintain vigil and will ensure that no
one, including the party respondents, are allowed to take law into their
own hands, or to commit any act in violation of law.
4. The afore stand of the learned Government Pleader is the most
apposite in the given circumstances, because they cannot involve
themselves in any civil disputes between the parties; but are enjoined
to ensure that their lives are adequately protected, as in the case of
every other citizen. Since they say that they are already doing so and
that the petitioner and her property has been kept away from harm in
such manner, I see no reason to keep this writ petition pending on the
files of this Court any further.
5. Resultantly, I record the afore submissions of the learned
Government Pleader; with a consequential direction to the 2 nd and 3rd
respondents to ensure that the life and property of the petitioner are
adequately protected from any threat - be that from the party
respondents or anyone else, and that she is able to live a life of peace
and dignity, without any breach.
6. Needless to say, if the petitioner is to make any further
complaint before respondents 2 and 3, same will be taken note of and
necessary action initiated thereon to the fullest warrant of law.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/15.4
APPENDIX OF WP(C) 5153/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CASH BILL RECEIPT ISSUED
BY THE KRISTHU JAYANTHI HOSPITAL,
PERUMPILLY IN THE NAME OF TONY NELSON
DATED 4/2/2024.
Exhibit P2 TRUE COPY OF THE CASH BILL RECEIPT ISSUED
BY THE KRISTHU JAYANTHI HOSPITAL,
PERUMPILLY IN THE NAME OF MARY SONA DATED
4/2/2024 .
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 5/2/2024
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED FROM THE
NARAKKAL POLICE STATION TO THE PETITIONER
DATED 6/2/2024.
