Mrs. Padmaja Nair vs The Commissioner Of Police
2024 Latest Caselaw 16214 Ker

Kerala High Court

Mrs. Padmaja Nair vs The Commissioner Of Police on 10 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 438 of 2024
                                 -1-



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                 &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
   MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
                         WA NO. 438 OF 2024
 AGAINST THE JUDGMENT IN WP(C) NO.921 OF 2023 OF HIGH COURT
                             OF KERALA
APPELLANT/S:

             MRS. PADMAJA NAIR
             AGED 77 YEARS
             T.C. 9/399, SOORYA GARDENS SASTHAMANGALAM
             TRIVANDRUM - 695 010, PIN - 695010
             BY ADV M.R.JAYAPRASAD


RESPONDENT/S:

     1       THE COMMISSIONER OF POLICE
             POLICE GROUND, C.V. RAMAN PILLAI RD, THYCAUD,
             TIRUVANTHAPURAM - 695 014, PIN - 695014
     2       STATION HOUSE OFFICER
             SASTHAMANGALAM, PEROORKADA ROAD DEVAPALAN NAGAR,
             THIRUVANATHAPURM -695013, PIN - 695013
     3       THE DIRECTOR GENERAL OF POLICE KERALA
             STATE POLICE HEADQUARTERS,
             VELLAYAMBALAM,THIRUVANTHAPURAM - 695010, PIN -
             695012
     4       AJITH KUMAR K
             E-10 , CHITTADETH HOUSE INDIAN EXPRESS LANE
             SASTHAMANGALM TRIVANDRUM -695010, PIN - 695010
     5       KRISHNARAJ RADHAKRISHNA PILLAI (SOUGHT TO BE
             IMPLEADED )
             KRISHNARAJ RADHAKRISHNA PILLAI, AGED 46 YEARS,
             S/O. LATE RADHAKRISHNA PILLAI R. HOUSE NO.15.
 W. A. No. 438 of 2024
                                      -2-


              SECRETARY, SOORYA GARDENS RESIDENTS ASSOCIATION,
              SASTHAMANGALAM, THIRUVANANTHAPURAM-695010, PIN -
              695010
              BY ADVS.
              R.V. SREEJITH
              G.MAHESWARY(K/1688/2001)
              T.RINI(K/1194/2000)
              HARIGOVIND S.NAIR(K/933/2022)
              NIDHIN KRISHNA(K/1164/2004)
              ANAKHA BABU(K/324/2023)
              SWETHA JOSCO(K/002169/2024)


OTHER PRESENT:

              SR.GP.K.P.HARISH



       THIS    WRIT     APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
10.06.2024,      THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 438 of 2024
                                    -3-




                            JUDGMENT

Dated this the 10th day of June, 2024

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioner has

challenged the judgment dated 05.07.2023 in W. P. (C) No. 921 of

2023 by which the learned Single Judge has disposed of the writ

petition as under:-

"If there is any threat to the life of the petitioner or the 4th respondent, both of them are free to approach the 2 nd respondent with appropriate petition and if such a petition is received, the 2nd respondent will do the needful to see that there is no threat to the life of the petitioner and the 4 th respondent.

2. We are in complete agreement with the observations made

by the learned Single Judge in paragraphs 5 and 6 and further

directing the petitioner or the 4th respondent to approach the 2nd

respondent with appropriate petition, if there is threat to their

lives.

The writ appeal is dismissed accordingly.

Pending Interlocutory Applications, if any, shall stand

closed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE COMMUNICATION DATED 30.12.2023 TO THE PETITIONER FROM POLICE