Parvathy Prakash vs Station House Officer
2024 Latest Caselaw 10889 Ker

Kerala High Court

Parvathy Prakash vs Station House Officer 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. 1614 OF 2024
PETITIONER:

          PARVATHY PRAKASH, AGED 39 YEARS, W/O NIDHIN. SURENDRAN,
          PULIKKAL VEEDU, KALAPPURA WARD, THUMPOLY P.O.,
          ALAPPUZHA, NOW RESIDING AT PULIKKAL VEEDU, KALAPPURA
          WARD, THUMPOLY P.O., ALAPPUZHA - 688008

          BY ADVS.
          DENIZEN KOMATH
          MARIYA ANTONY



RESPONDENTS:

    1     STATION HOUSE OFFICER,
          NORTH POLICE STATION, ALAPPUZHA., PIN - 688001

    2     LAKSHMI, AGED 43 YEARS
          W/O SUMESH, D/O LATE PRAKASAN, PUIKKAL VEEDU, KALAPPURA
          WARD, THUMPOLI P.O., KANJIRAMCHIRA MURI, ARYAD SOUTH
          VILLAGE.,ALAPPUZHA., PIN - 688006

    3     ASHA PRAKASH
          W/O LATE PRAKASAN, PUIKKAL VEEDU, KALAPPURA WARD,
          THUMPOLI P.O., KANJIRAMCHIRA MURI, ARYAD SOUTH
          VILLAGE,.ALAPPUZHA., PIN - 688006

          BY ADVS.
          B.PRAMOD
          BIJU VIGNESWAR(KAR/171/1998)
          ATHUL M.V.(K/1539/2018)


     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. 1614 OF 2024
                                    2


                               JUDGMENT

When this matter was considered on 05.04.2024, the

following interim order was issued by this Court:

"The learned counsel for the party respondent says that, she does not stand in the way of the petitioner entering the house and taking away her personal effects. she submitted that, however, she cannot claim what is not hers and requested that a woman police officer be ordered to be deputed to accompany the petitioner during such process.

2. Sri.P.M.Shameer - learned Government Pleader, submitted that a woman police officer can be deputed by the 1st respondent, without uniform, who will oversee the petitioner in identifying and taking her articles; and will, thereupon, report to this Court. This is recorded.

3. Consequently, the 1st respondent is directed to depute a woman police officer (not in uniform) at 11 a.m on 09.04.2024, to go with the petitioner to the residence of the 3rd respondent and receive back her personal articles.

4. However, if there is any dispute raised with respect to any article by the 3rd respondent, the petitioner will not be allowed to take it, but the same will be reported to this Court by the police officer through the learned Government Pleader on the next posting date."

2. Today, Sri.P.M.Shameer - learned Government Pleader,

submitted that the afore interim order has been fully complied

with and that the petitioner has been allowed to take all her

personal articles.

3. However, Smt.Mariya Antony - learned counsel for the

petitioner, submitted that some of her client's certificates are

still in the house, while certain electronic articles like AC, Fridge

etc. belong to her.

WP(C) NO. 1614 OF 2024

4. I am afraid that I cannot issue any orders with respect

to the afore submissions of Smt.Mariya Antony because, if her

client has any such claim, she will have to approach the

competent Court and obtain necessary orders.

In the afore circumstances, confirming the afore interim

order and recording the submissions of the learned Government

Pleader, I close this writ petition without any further orders;

however, leaving full liberty to the petitioner to invoke any other

remedy that may be available to her in law, for which purpose,

all rival contentions are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 1614 OF 2024

APPENDIX OF WP(C) 1614/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.

1587/2023 OF 1ST RESPONDENT - POLICE STATION,DATED 7/12/2023

Exhibit-P2 TRUE PHOTOCOPY OF THE O.S. NO. 927/2023 ON THE FILE OF PRINCIPLE MUNSIFF COURT, ALAPPUZHA,DATED 13/12/2023.

Exhibit-P3 TRUE PHOTOCOPY OF THE INJUNCTION ORDER OBTAINED BY THE PETITIONER AGAINST 2ND RESPONDENT AND 3RD RESPONDENTS.,DATED 14/12/2023.

Exhibit-P4 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 06.01.2024

RESPONDENT EXHIBITS

Exhibit R-3(a) True copy of the complaint dated 24.12.2023 filed by the 3rd respondent before the Alappuzha North Police Station against the petitioner.

Exhibit R-3(b) True copy of the receipt dated 24.12.2023 showing acknowledgment of Ext. R-3 (a) complaint issued from the Alappuzha North Police Station.

Exhibit R-3(c) True copy of the application dated 08.01.2024 numbered as I. A. No. 4/2024 filed by the 3rd respondent in O. S. No. 927/2023 on the file of the Principal Munsiff Court, Alappuzha for vacating Interim Order.