Citation : 2024 Latest Caselaw 8703 Ker
Judgement Date : 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 10397 OF 2024
PETITIONERS:
1 JAMEELA BEEVI, AGED 64 YEARS,
D/O MAITHEENBEEVI, SHIBU MANZIL,
KARIYARA P.O.,VILAKKUDI VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691332.
2 FATHUMUTHU, AGED 61 YEARS,
D/O MAITHEENBEEVI,
NAHAKAR AZHIKATHU VEEDU,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
BY ADV A.SANIL KUMAR
RESPONDENTS:
1 STATE POLICE CHIEF, POLICE HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010.
2 SUPERINTENDENT OF POLICE
KOLLAM (RURAL) OFFICE OF THE DISTRICT POLICE CHIEF,
T.B.JUNCTION, KOTTARAKKARA, KOLLAM, PIN - 691506.
3 STATION HOUSE OFFICER,
PUNALUR POLICE STATION, PUNALUR,
KOLLAM DISTRICT, PIN - 691305.
4 NAZAR, AGED 45 YEARS, S/O BASHEER,
MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
5 HANEEFA @SAYIP, AGED 55 YEARS,
MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
6 MADAMMA, AGED 50 YEARS,
W/O HANEEFA @ SAYIP, MARUTHIVILA HOUSE,
KARIYARA P.O., VILAKKUDI VILLAGE,
WP(C) NO. 10397 OF 2024
-2-
PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691332.
7 JINIDA, AGED 35 YEARS,
D/O SAYIP, MARUTHIVILA HOUSE, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
8 SUBAIR, AGED 50 YEARS,
S/O KUDILI SUBAIR, KUNNUMMEL PURAYIDOM,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691332.
9 THARAMMA, AGED 50 YEARS,
W/O SUBAIR, KUNNUMMEL PURAYIDOM,
KARIYARA P.O., VILAKKUDI VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
10 JUSSARA, AGED 40 YEARS, W/O NISSAM,
MALAMETHU VEEDU, KARIYARA P.O.,
VILAKKUDI VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691332.
BY ADV.SRI.NIRMAL V. NAIR, SC
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10397 OF 2024
-3-
JUDGMENT
The petitioners, who are stated to be
siblings and living alone in a house, allege
that respondents 4 to 10, who are their
neighbours, are continuously harassing them.
They say that they have, therefore, preferred a
complaint against them, which is registered as
Crime No.573/2022 of Punalur Police Station; and
that, being infuriated by this, the said
respondents are attempting to attack them and
even do them away. They say that, they,
therefore, preferred Exts.P6, P7 and P8
complaints before respondents 1 to 3, seeking
police protection; but that no action has been
taken thereon, thus constraining them to have
approached this Court through this writ
petition.
2. Sri.P.M.Shameer - learned Government
Pleader, in response to the afore submissions of WP(C) NO. 10397 OF 2024
Sri.Sanil Kumar A. - learned counsel for the
petitioners, submitted that the facts as stated
above do not appear to be fully correct, though
the Police do not want to make any comment on
the internecine disputes between the parties. He
submitted that the Police will offer adequate
protection to all citizens, including the
petitioners and party respondents; and that they
will intervene whenever there is any infraction
of peace.
3. Sri.Nirmal V.Nair - learned counsel for
respondents 4 to 10, submitted that the
imputations made by the petitioners against his
clients are wholly untrue; and that they had
never and do not intend to cause any harm, much
less to commit an attack on the petitioners. He
submitted that his clients are actually being
harassed by the petitioners, by being implicated
in one Crime or another on a regular basis, and WP(C) NO. 10397 OF 2024
that they apprehend that their move to approach
this Court is with the intent to create evidence
against them, so as to implicate them further in
either criminal or civil cases. He added that
his clients reiterate that they have no intent
to commit any Crime against the petitioners or
anyone else, since they are law abiding
citizens.
4. The afore narrative makes it clear that
the petitioners have approached this Court under
the apprehension of being attacked by
respondents 4 to 10; while the said respondents
say that they have no intent to do so at all. In
fact, the learned Government Pleader also seems
to affirm this to some extent.
In the afore circumstances, I allow this
writ petition, directing the 3rd respondent -
Station House Officer, to ensure that law and
order is maintained in the area in question; and WP(C) NO. 10397 OF 2024
that neither of the parties are allowed to take
law into their own hands; for which, both of
them will be given necessary protection, as and
when required, depending upon the circumstances
presented.
Needless to say, any attempt by either of
the parties to take law into their own hands,
will be dealt with by the Police with the
seriousness that it deserves and to the fullest
warrant of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 10397 OF 2024
APPENDIX OF WP(C) 10397/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.04.2012 ISSUED BY THE VILAKUDY VILLAGE OFFICER TO THE 1ST PETITIONER
EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.573/2022 OF THE PUNALUR POLICE STATION
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 02.01.2023 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE 1ST PETITIONER
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF COMPLAINT DATED 03.01.2023 ISSUED FROM THE PUNALUR POLICE STATION TO THE 1ST PETITIONER
EXHIBIT P5 TRUE COPY OF THE MEDIAL RECORD OF THE 1ST PETITIONER ISSUED FROM TALUK HEADQUARTER HOSPITAL AT PUNALUR
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER
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