Kerala High Court
Robin Manuel vs The Kerala State Police Chief on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 11911 OF 2024
PETITIONER:
ROBIN MANUEL, AGED 52 YEARS
S/O. MANUEL, KOLLAMPARAMBIL HOUSE, MUNDANMUDY P.O,
VANNAPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
BASIL MATHEW
RESPONDENTS:
1 THE KERALA STATE POLICE CHIEF
POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM.,
PIN - 695010
2 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, THODUPUZHA-
PULIYANMALA ROAD, IDUKKI COLONY POST, CHERUTHONI, IDUKKI
DISTRICT, PIN - 685602
3 THE STATION HOUSE OFFICER
KALIYAR POLICE STATION, VANNAPURAM - KALIYAR ROAD,
KALIYAR, THODUPUZHA, IDUKKI DISTRICT, PIN - 685607
4 SABU ABRAHAM
S/O. ABRAHAM, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPURAM VILLAGE, THODPUZHA, IDUKKI
DISTRICT, PIN - 685607
5 SIJO T.J
S/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRICT, PIN - 685509
6 LIJIMOL T.J
D/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRICT, PIN - 685509
7 LALI JOHN
W/O. JOHN, THUDIYANPLACKAL HOUSE, AMRAVATHI PO, KUMALI,
IDUKKI DISTRIC, PIN - 685509
8 JOY JACOB @ JOSE
S/O. CHACKO, PUTHENVEETTIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
9 ANEX SEBASTIAN @ MATHUKUTTY
WP(C) NO.11911 of 2024
2
S/O. SEBASTIAN MATHEW, MLAKUZHIYIL HOUSE, MUNDANMUDI PO,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
10 SEBASTIAN MATHEW @ SIBI
S/O. MATHEW, MLAKUZHIYIL HOUSE, MUNDANMUDI PO,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
11 TIJI
S/O. MATHAI, KARINTHOLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
12 EBIN SIBI
S/O. SIBI, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
13 SIBI ABRAHAM
S/O. ABRAHAM, THURUTHIPILLIL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
14 APREM @ APPU
S/O. APREM, PALLIVATHUKKAL HOUSE, MUNDANMUDI PO,
NARUMKANAM, VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685607
15 BENNY
MARATTIL HOUSE, MUNDANMUDI PO, NARUMKANAM, VANNAPPURAM
VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN - 685607
16 BIJU
VAKKATHIKALLEL HOUSE, MUNDANMUDI PO, NARUMKANAM,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
17 JOY
VELIYATHUMALIL HOUSE, MUNDANMUDI PO, NARUMKANAM,
VANNAPPURAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607
BY ADV M.V.RAJENDRAN NAIR
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11911 of 2024
3
JUDGMENT
The petitioner says that the 6th respondent
- who is his sister-in-law, along with her
children, have now illegally trespassed into his
house and are residing therein with the intent
of staking claim over it. He says that this
design is obvious because, after having broken
into his house, on 17.01.2024, she filed Ext.P4
petition before the Family Court, Kattappana
purportedly under Section 125 of Code of
Criminal Procedure, arraying her husband (his
brother) as the only respondent for maintenance
and claiming that she has been residing in the
house in question since her marriage with him,
in the year 2018. He says that all these
assertions are incorrect and untrue, made with
the singular design of ousting him from his own
house; and hence that he had no other option,
WP(C) NO.11911 of 2024
but to approach the police for protection
through Ext.P5, but which has been denied to
him; thus constraining him to approach this
Court through this writ petition.
In response to the afore assertions of the
petitioner, as made by his learned counsel -
Sri.Biju C.Abraham, the learned counsel
appearing for the 6th respondent -
Sri.M.V.Rajendran Nair, submitted that, contrary
to the allegations in the writ petition, his
client has been living in the house in question
for the last more than six years, after she was
married in 2018; and that this petition has been
filed to throw her out from there, particularly
when she has already approached the competent
Court. He contended that the house is now a
shared household and hence that the petitioner
cannot oust his client or her children
WP(C) NO.11911 of 2024
therefrom, when litigation touching upon it is
still pending. He thus prayed that this writ
petition be dismissed.
Sri.P.M.Shameer - learned Government
Pleader, submitted that the police have enquired
into the complaint of the petitioner, to find
that the 6th respondent and her children are
residing in the house; but that they have not
been able to fully understand whether she
commenced her residence in the recent past as
alleged, or if she has been there from the year
2018. He argued that these are matters beyond
the purview of the police; but that they are
willing to protect the petitioner also, if he
intends to stay in the same residence,
especially when the 6th respondent does not
object to the same.
WP(C) NO.11911 of 2024
In reply, Sri.Biju C.Abraham -learned
counsel for the petitioner, submitted that the
above explanation offered by the 6th respondent
is extremely suspect because, the house was
constructed much after her marriage in the year
2018 and he pointed out to the photographs
produced on record as Ext.P12 series, in
substantiation. He thus prayed that the reliefs
sought for this writ petition be granted.
I am afraid that I cannot find either in
favour of the petitioner or the 6th respondent in
this judgment, for the simple reason that Ext.P4
application, at the instance of the latter, is
pending before the competent Family Court. If
this Court is to find in any manner in favour of
the assertions of either of the rival parties,
then the said proceedings would be prejudiced,
WP(C) NO.11911 of 2024
which I cannot do while acting under the "police
protection" jurisdiction.
As matters now stand, it is virtually
without contest that the 6th respondent and her
children are living inside the house - though
the petitioner asserts that this has been done
through a trespass on 17.01.2024; while she
asserts that she has been living there for the
last several years. It is also pertinent that,
even the 6th respondent does not have a case that
the petitioner cannot reside in the house; and
in fact, it is her specific assertion that it is
a shared house hold. Obviously, therefore, the
police can only help the petitioner in entering
the house and remaining there within his space,
including his private bedroom and such other;
but cannot take any action to oust the 6 th
WP(C) NO.11911 of 2024
respondent and her children, when Ext.P4 is
still pending.
In the afore circumstances, I record the
afore undertakings of the learned Government
Pleader; with a consequential direction to the
3rd respondent - Station House Officer to ensure
that the petitioner, as also the 6th respondent
and her children, are able to live in the house
in question in peace, without causing any threat
or intimidation to each other; and that any
legal action on their part, including violence
and such other, be dealt with sternly, as and
when it is reported; and this shall be done
without reservation and to the fullest warrant
of law.
As far as the parties are concerned, their
remedies before the competent Courts are left
open. The rival assertions as afore are in the
WP(C) NO.11911 of 2024
factual realm, which will have to be established
by the parties appropriately; and in which, the
police cannot intervene, though they will be at
full obligation to maintain law and order and to
ensure that the lives of the parties are
protected from each other.
The 2nd respondent - District Police Chief
will oversee the afore directions and ensure
that they are implicitly complied with.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO.11911 of 2024
APPENDIX OF WP(C) 11911/2024
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
2457/2014 DATED 18/8/2014
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 6/11/2023
Exhibit P3 TRUE COPY OF THE 6TH RESPONDENTS BANK PASSBOOK
SENT TO THE PETITIONER BY THE 4TH RESPONDENT
DATED ON 15/01/2024
Exhibit P4 TRUE COPY OF CRL. M.P. NO. 2/2024 IN M.C. NO.
7/2024 DATED 12/01/2024 ON THE FILES OF FAMILY
COURT, KATTAPPANA
Exhibit P5 A TRUE COPY OF THE COMPLAINT WITH POSTAL
RECEIPT DATED 18/1/2024 THUS SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6 A TRUE COPY OF THE COMPLAIT DATED 1/2/2024
THUS SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE EMAIL RECEIPT DATED ON
07/02/2024 SUBMITTED BEFORE THE 1ST RESPONDENT
Exhibit P8 A TRUE COPY OF THE COMPLAINT WITH POSTAL
RECEIPT DATED 20/2/2024 THUS SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P9 A TRUE COPY OF THE COMPLAINT WITH POSTAL
RECEIPT DATED 23/2/2024 THUS SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P10 THE PETITIONER IS REGULARLY REMITTING THE EMI
OF RS. 33835/- WITH LICHFL, THE RECEIPTS DATED
13/02/24
Exhibit P11 TRUE COPY OF THE AADHAAR CARD NO. 571885127821
OF HER ELDER SON NOEL RIXON SHOWING THE
PERMANENT RESIDENCE OF THE 6TH RESPONDENT
