Kerala High Court
Mollykutty Ravi vs The National Trust For Welfare Of ... on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 11844 OF 2024
PETITIONERS:
1 MOLLYKUTTY RAVI
AGED 59 YEARS
W/O M.D RAVI MULLASSERIYIL HOUSE, MADAPPALLY P.O,
KOTTAYAM DISTRICT, PIN - 686546
2 VINOD M.R
AGED 38 YEARS
(MENTALLY RETARDED) S/O M.D RAVI MULLASSERIYIL HOUSE,
MADAPPALLY P.O, KOTTAYAM DISTRICT REPRESENTED BY HIS
MOTHER AND GUARDIAN MOLLYKUTTY RAVI (1ST PETITIONER),
PIN - 686546
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
PRATHEEKSHA RAJ
JENNY THANKAM
RESPONDENTS:
1 THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM
CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE
DISABILITY, REPRESENTED BY ITS CHAIRPERSON, THE
DISTRICT COLLECTOR, KOTTAYAM., PIN - 686002
2 THE DISTRICT COLLECTOR
COLLECTORATE KOTTAYAM, PIN - 686002
3 THE DISTRICT POLICE CHIEF
KOTTAYAM, PIN - 686002
4 THE STATION HOUSE OFFICER
THRIKODITHANAM POLICE STATION,KOTTAYAM DISTRICT,
PIN - 686105
5 ANUNOL P RAVEENDRAN
AGED 30 YEARS D/O OF P V RAVEENDRAN, PATHALIL HOUSE,
KURUMBANADAM P.O, KOTTAYAM DISTRICT, PIN - 686536
SRI P M SHAMEER-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11844 OF 2024 2
JUDGMENT
The petitioners who are the mother-in-law and brother-in-law of
the 5th respondent, has filed this writ petition making scathing
allegations against her, including that she is threatening and
intimidating them with the intent of usurping their property and for
other untenable demands. They concede that the 1st petitioner has
obtained Ext.P8 order from a competent Court; and that restrains the
5th respondent from dispossessing the petitioners from their house.
They say that it is more difficult for them because, the 2 nd among them
is a person with 80% mental disability, thus requiring constant care and
attention; and say that they have, therefore, approached the 4 th
respondent - Station House Officer through Ext.P8 for Police
protection; and have also preferred Ext.P9 before the 2nd respondent -
District Collector, for statutory protection to the 2 nd among them, but
that no action has been taken thereon until now. They thus pray that
respondents 3 and 4 be directed to afford necessary protection to them
to avert any further violence or intimidation from the 5 th respondent;
and also a further direction to the 2 nd respondent to take up Ext.P9 and
take a final decision on it as per law.
2. The files reveal that summons from this Court has been validly
served on respondent No.5. However, she has chosen not to be present
in person today, or to be represented through counsel; thus inferentially
guiding me to the impression that she has nothing to offer in answer to
the allegations made by the petitioners in this writ petition.
3. Sri.P.M.Shameer - learned Government Pleader, in response,
submitted that the Police do not, and cannot intervene in the disputes
between the petitioners on one side and the 5 th respondent on the other.
He added that, since the petitioners are already enjoying Ext.P8 order
from a competent Court, the Police will ensure that their lives and
property are properly secured. He then submitted that the District
Collector is willing to consider Ext.P9 in terms of law; but prayed that
he be given liberty to do so, after hearing both sides.
Adverting to the afore submissions, I allow this writ petition,
directing the 4th respondent to ensure that the lives of the petitioners
are adequately and effectively protected from any threat; and that
disputes between them and the 5th respondent do not degenerate into
any law and order issue. They shall, however, not involve themselves in
the disputes between the parties and only maintain law and order, as
and when it is required.
As a necessary corollary, I direct the 2nd respondent - District
Collector to take up Ext.P9 application of the petitioners - if it is still
pending, and dispose of the same, after hearing them; thus culminating
in an appropriate order and necessary action thereon, as expeditiously
as is possible, but not later than two months from the date of receipt of
a copy of this judgment.
I, however, clarify that the afore directions are meant only for the
protection of the lives and property of the petitioners and cannot be
used with respect to any other litigation or disputes that may be
pending in other Forums.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/3.4
APPENDIX OF WP(C) 11844/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RATION CARD ISSUED TO THE
PETITIONER BY TALUK SUPPLY OFFICER,
CHANGANACHERRY
Exhibit P2 TRUE COPY OF DISABILITY CERTIFICATE ISSUED
IN RESPECT OF 2ND PETITIONER CERTIFYING
THAT THE 2ND PETITIONER IS SUFFERING FROM
PERMANENT DISABILITY OF 80% ON ACCOUNT OF
SEVERE MENTAL RETARDATION ISSUED BY THE
CHAIRMAN OF STANDING DISABILITY ASSESSMENT
BOARD, GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOTTAYAM
Exhibit P3 TRUE COPY OF IDENTITY CARD ISSUED BY
DISTRICT SOCIAL JUSTICE OFFICER, KOTTAYAM
TO THE 2ND PETITIONER
Exhibit P4 TRUE COPY OF THE REGISTERED SETTLEMENT DEED
NO. 430/1/15 DATED 26.02.2015 OF THENGANA
SUB REGISTRY OFFICE EXECUTED BY THE 1ST
PETITIONER AND HER HUSBAND IN FAVOUR OF THE
2ND PETITIONER
Exhibit P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED
28.11.2022 ISSUED BY VILLAGE OFFICER,
MADAPPALLY IN RESPECT OF THE PROPERTY
COVERED BY EXHIBIT P4
Exhibit P6 TRUE COPY OF THE PETITION DATED 05.03.2024
FILED BY THE 1ST PETITIONER UNDER SECTION
23(2) OF THE ACT AS M.C NO. 35 OF 2024 ON
THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE-I, CHANGANACHERRY
Exhibit P7 TRUE COPY OF CMP NO.680 OF 2024 IN M C NO.
35 OF 2024 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE-I, CHANGANACHERRY FILED BY
THE PETITIONER
Exhibit P8 TRUE COPY OF ORDER DATED 11.03.2024 COURT
OF JUDICIAL FIRST CLASS MAGISTRATE-I,
CHANGANACHERRY IN CMP NO.680 OF 2024 IN M C
NO. 35 OF 2024
Exhibit P9 TRUE COPY OF PETITION DATED 06.03.2024 OF
THE PETITIONER TO THE 2ND RESPONDENT
