Kerala High Court
Prameela Sadasivan vs District Police Chief on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 16344 OF 2024
PETITIONER:
PRAMEELA SADASIVAN, AGED 51 YEARS
W/O SADASIVAN, KOUSTHUBHAM HOUSE,
MATHILBHAGOM MURI, THIRUVALLA P.O,
PATHANAMTHITTA DISTRICT, PIN - 689101.
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
JIJO JOSEPH
RESPONDENTS:
1 DISTRICT POLICE CHIEF
S.P. OFFICE, PATHANAMTHITTA P.O, PIN - 689645.
2 STATION HOUSE OFFICER
THIRUVALLA POLICE STATION
THIRUVALLA P.O, PIN - 689101.
3 ANITHAKUMARI
W/O SURESH ATHIMUTATHU THEKKETHIL HOUSE,
MATHILBHAGOM MURI, THIRUVALLA P.O, PIN - 689101.
4 SRUTHI SURESH
ATHIMUTATHU THEKKETHIL HOUSE, MATHILBHAGOM MURI,
THIRUVALLA P.O, PIN - 689101.
5 SOORAJ
ATHIMUTATHU THEKKETHIL HOUSE, MATHILBHAGOM MURI,
THIRUVALLA P.O, PIN - 689101.
6 PRASANNAKUMARI
ATHIMUTATHU THEKKETHIL HOUSE, MATHILBHAGOM MURI,
THIRUVALLA P.O, PIN - 689101.
7 NEETHU G PILLAI
ATHIMUTATHU THEKKETHIL HOUSE, MATHILBHAGOM MURI,
THIRUVALLA P.O, PIN - 689101
WP(C) NO. 16344 OF 2024
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8 SURESH
ATHIMUTATHU THEKKETHIL HOUSE, MATHILBHAGOM
MURI, THIRUVALLA P.O, PIN - 689101.
BY ADVS.
DAISY. A. PHILIPOSE
JAI GEORGE(K/000636/1996)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16344 OF 2024
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JUDGMENT
The petitioner asserts that she is facing
threats and intimidation from respondents 3 to 8
- who are her neighbours, based on certain
disputes they have between themselves, as
regards their properties. She says that the
threats have become so unbearable, which is
compounded by the fact that the party
respondents are using bad language and are
brandishing weapons; and therefore, that she
preferred Ext.P4 complaint before the 2nd
respondent - Station House Officer, seeking
protection, but which remains unheeded; thus
forcing her to approach this Court through this
Writ Petition.
2. In response to the afore submissions of
Sri.T.P.Pradeep - learned counsel for the
petitioner, Sri.Daisy A.Philipose - learned
counsel for respondents 3, 6 and 7, submitted
WP(C) NO. 16344 OF 2024
that a counter affidavit has been filed,
wherein, it has been explained that the
situation is not as innocuous as the petitioner
has put it because, her clients have filed
various cases against her, as also a criminal
complaint, which has been registered as an FIR,
evidenced from Ext.R3(f). She submitted that,
therefore, as long as the petitioner and the
party respondents are embroiled in civil
disputes as to their properties, the Police
cannot intervene because, this will be used by
the former to extract an undue advantage and
frustrate civil processes. She thus prayed that
this Writ Petition be dismissed; however,
asserting vehemently that her clients have not,
and do not, intend to cause any threat or
intimidation to the petitioner, or to commit any
action which is in violation of law, saying that
they do not require to do so either.
WP(C) NO. 16344 OF 2024
3. I notice from the file that, even though
summons was attempted on respondent No.8 from
this Court, he has chosen to refuse to receive
it.
4. Smt.Rekha C.Nair - learned Senior
Government Pleader, affirmed that there are
several civil disputes between the parties and
that civil and criminal cases have been
registered against each other. She added,
therefore, that the Police cannot intervene in
the same, nor take any side; but that they are
ensuring that the lives of both the parties are
adequately protected, as in the case of any
other citizen. She, therefore, prayed that this
Writ Petition be disposed of on such terms.
5. I have no doubt, assessing the afore
rival submissions, that the province of the
Police is not to act as guardians of the
properties of citizens and then to assist them
WP(C) NO. 16344 OF 2024
in making constructions and such other. They are
only expected to protect the lives and
properties of the citizens, without entering
into any internecine disputes between them in
the civil realm.
6. In such perspective, I am without doubt
that the submissions of the learned Senior
Government Pleader carry weight.
In the afore circumstances, I allow this
Writ Petition, without entering into the merits
of any of the rival contentions of the parties
and leaving them all open for them to be
impelled and pursued before the competent
Forums/Courts, particularly because various
Civil Suits are stated to be pending; with a
consequential direction to the 2nd respondent -
Station House Officer, to ensure that the lives
of the petitioner, as also the party
respondents, are sufficiently protected from
WP(C) NO. 16344 OF 2024
each other; and that their internecine disputes
do not degenerate into law and orders issues.
The Police shall also ensure that law and
order is always maintained in the vicinity and
that no one is allowed to commit any action
which is in infraction of peace. Should there be
any complaint or information regarding violation
of the afore directions, necessary and
consequential actions will be taken by the 2 nd
respondent to the fullest warrant, without any
reservation.
As far as the parties are concerned, I leave
them full liberty to pursue their remedies and
contentions before the competent Courts/Forums;
for which purpose, I clarify that their rival
contentions have been left undecided.
Sd/-
DEVAN RAMACHANDRAN
akv JUDGE
WP(C) NO. 16344 OF 2024
APPENDIX OF WP(C) 16344/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DOCUMENT
NO. 777/13 OF THIRUVALLA SUB REGISTRAR
OFFICE
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
08.01.2024 IN OS NO. 247/2013 OF THE
MUNSIFF COURT, THIRUVALLA
EXHIBIT P3 TRUE COPY OF FIR NO. 568/2024 DATED
14.04.2024 OF THIRUVALLA POLICE
STATION
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
17.04.2024 WITH RECEIPT
RESPONDENT EXHIBITS
EXHIBIT- R3[A] A TRUE COPY OF THE SALE DEED NO
2244/2004 OF SUB REGISTRY OFFICE
THIRUVALLA.DATE;28/07/2004
EXHIBIT- R3[B] A TRUE COPY OF THE PARTITION DEED NO.
1236/1997 OF SUB REGISTRY OFFICE
THIRUVALLA.DATE;02/05/1997
EXHIBIT- R3[C]. A TRUE COPY OF THE LAWYER NOTICE DATED
27/5/2013
EXHIBIT- R3[D] A TRUE COPY OF THE PLAINT IN
O.S.NO.220/13 , ON THE FILES OF
HONORABLE MUNSIFF'S COURT, THIRUVALLA
EXHIBIT- R3[E] A TRUE COPY OF THE COMMISSION REPORT
DATED 27/5/2013IN O.S.NO.220/13 , ON
THE FILES OF HONORABLE MUNSIFF'S
COURT, THIRUVALLA
WP(C) NO. 16344 OF 2024
EXHIBIT- R3[F]. A TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.567 OF 2024 OF
THIRUVALLA POLICE STATION
EXHIBIT- R3[G). A TRUE COPY OF THE PLAINT IN 158 OF
2024, ON THE FILES OF HONORABLE
MUNSIFF'S COURT, THIRUVALLA
EXHIBIT- R3[H)). A TRUE COPY OF THE PLAINT IN
O.S.NO.546/2017, ON THE FILES OF
HONORABLE MUNSIFF'S COURT, THIRUVALLA
EXHIBIT- R3[I] A TRUE COPY OF THE PLAINT IN O.S.NO.
487/2022, ON THE FILES OF HONORABLE
MUNSIFF'S COURT, THIRUVALLA
