Sahirabanu.M vs The District Police Chief Malappuram
2024 Latest Caselaw 9334 Ker

Kerala High Court

Sahirabanu.M vs The District Police Chief Malappuram 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. 5170 OF 2024
PETITIONER:

          SAHIRABANU.M
          AGED 54 YEARS, W/O MUHAMMED AYYOOB,
          AMBALASSA HOUSE, EDAVANNA P.O., METHALANGADI,
          MALAPPURAM DISTRICT., PIN - 676541
          BY ADVS.
          P.SAMSUDIN
          A.M.BABU
          MILAN RACHEL MATHEW
          LIRA A.B.
          NASRIN WAHAB

RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF MALAPPURAM
          POLICE HEAD QUARTERS, DOWN HILL,
          MALAPPURAM DISTRICT., PIN - 676519
    2     THE STATION HOUSE OFFICER
          NILAMBUR POLICE STATION,
          NILAMBUR P.O NILAMBUR TALUK,
          MALAPPURAM DISTRICT, PIN - 679329
    3     SALMATH
          AGED 55 YEARS, W/O MUHAMMEDALI, AVILAN
          HOUSE, VEETTICHAL, RAMAMKUTHU, NILAMBUR,
          MALAPPURAM DISTRICT, PIN - 679330
    4     MARIYUMMA
          AGED 49 YEARS, D/O SAITHALAVI, KALLIKKAATTIL
          HOUSE, VEETTICHAL, RAMAMKUTHU, NILAMBUR,
          MALAPPURAM DISTRICT, PIN - 679330
    5     RAMLATH
          AGED 50 YEARS, W/O SHOUKKATHALI,
          CHETTIYANTHODIKA HOUSE, VEETTICHAL,
          RAMKUTHU, NILAMBUR, MALAPPURAM
          DISTRICT, PIN - 679330
    6     SHARAFIYA
          AGED 55 YEARS, W/O RAHEEM,
          CHAKKANTHODI HOUSE, VEETTICHAL,
 W.P.(C) No.5170 of 2024
                                         :2:


              RAMKUTHU, NILAMBUR, MALAPPURAM
              DISTRICT., PIN - 679330
      7       SALMATH
              AGED 42 YEARS, THALANJERI HOUSE,
              VEETTICHAL, RAMKUTHU, NILAMBUR,
              MALAPPURAM DISTRICT., PIN - 679330
      8       SHAHANA
              MANGARATHODIGA HOUSE, VEETTICHAL,
              RAMKUTHU, NILAMBUR, MALAPPURAM
              DISTRICT, PIN - 679330
              BY ADVS.
              SRI PM SHAMEER-GP;
              SRI MATHEW KURIAKOSE-R3 TO R8

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.04.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.5170 of 2024
                                :3:




                           JUDGMENT

The petitioner says that she purchased the house

belonging to her sister Smt.Shakeela Bhanu for Rs.10 lakhs;

but that it then came to her notice that the latter had various

financial dealings with respondents 3 to 8. She says that the

said respondents are now harassing and threatening her, solely

because she purchased the said property, and hence that she

has no other option but to approach this Court, since her

requests for protection, namely Exts.P2 and P3, before the 1 st

and 2nd respondents, have borne no fruit. She thus prays that

the competent police Authority be directed to offer her

protection from the threats of respondents 3 to 8.

2. In response to the afore submissions of the petitioner,

as made by her learned counsel - Smt.Lira A.B., the learned

counsel appearing for respondents 3 to 8 - Sri.Mathew

Kuriakose, submitted that the afore allegations are untrue and

that their clients have not taken law into their own hands, nor

are intending to do so. He undertook that his clients have not

and will not attack the petitioner or threaten her, and that they

have no reason to do so. He, however, prayed that his clients

be left full liberty to invoke legal remedies against the

petitioner also, because it is their suspicion that she and her

sister are collaborating with each other, in order to defraud

various persons, including them.

3. Sri.P.M.Shameer - learned Government Pleader,

affirmed that there appear to be certain disputes between the

petitioner's sister and the party respondents; but that the

police will not intervene into the same, because they are

matters which should be resolved through other appropriate

methods. He, however, added that the lives of both sides are

adequately protected and that the petitioner need not harbour

any further fear.

4. The afore submissions of the learned Government

Pleader certainly allays the apprehension of the petitioner fully,

if not substantially.

In the afore circumstances, I allow this writ petition,

recording the undertaking of the learned Government Pleader;

with a consequential direction to the 2nd respondent - Station

House Officer, to afford necessary and adequate protection to

the life and property of the petitioner; however, clarifying that

this will not stop or inhibit respondents 3 to 8 from invoking

other legal remedies as they may require, either against the

petitioner or against her sister, or both, as the case may be.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 5170/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ASSIGNMENT DEED NO.

2562/2022 OF NILAMBUR SRO Exhibit-P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 05-02-

Exhibit-P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 06-02-

RESPONDENTS' EXHIBITS : NIL.