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Jameela Beevi vs State Police Chief
2024 Latest Caselaw 8703 Ker

Citation : 2024 Latest Caselaw 8703 Ker
Judgement Date : 27 March, 2024

Kerala High Court

Jameela Beevi vs State Police Chief on 27 March, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               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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