Kerala High Court
Nirmala vs The Director General Of Police, Kerala on 21 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 14675 OF 2024
PETITIONER:
NIRMALA, AGED 63 YEARS,
W/O LATE. SUDARSANAN, MELEVILA VEEDU,
MUTTAPPALAM.P.O., CHEMMARUTHI VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695145.
BY ADV M.ABDUL RASHEED
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE, KERALA
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010.
2 THE STATION HOUSE OFFICER
VARKALA POLICE STATION, VARKALA.P.O.
THIRUVANANTHAPURAM DISTRICT, PIN - 695141.
3 ABU, AGED 48 YEARS, S/O NAKULAN, SEBI VILASOM,
MUTTAPPALAM.P.O., CHEMMARUTHI VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695145.
4 SHINU, AGED 47 YEARS, S/O SARATH CHANDRAN,
ABAN HOUSE, VARKALA.P.O., VARKALA VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695141.
BY ADV SUJESH KUMAR K P
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14675 OF 2024
-2-
JUDGMENT
The petitioner is stated to be a senior
citizen in absolute ownership of a property
covered by Ext.P1, comprising an extent of 11.20
Ares of land. She says that she inherited the
property from her husband as per Ext.P3
registered Will; and that respondent No.3 is in
unauthorized occupation of the same, under a
purported lease right.
2. The petitioner explains that she has,
therefore, preferred Ext.P5 petition for
eviction against the 3rd respondent before the
Rent Control Board, Varkala; and that,
infuriated by this, he and respondent No.4 are
now threatening her, consequent to which, she
fears for her life. She says that she,
therefore, preferred Ext.P6 complaint before the
1st respondent seeking protection, particularly
because she is now being obstructed from
WP(C) NO. 14675 OF 2024
obtaining the yield from the property; and that
she was wrongfully restrained on 06.04.2024,
when she and her employees attempted to do so.
She alleges that, however, respondents 1 and 2
have not taken any action on Ext.P6, thus
constraining her to have approached this Court
through this Writ Petition.
3. However, in response to the afore
submissions of Sri.M.Abdul Rasheed - learned
counsel for the petitioner, the learned counsel
appearing for respondent No.3 - Sri.K.P.Sujesh
Kumar, submitted that the allegations impelled
by the petitioner in this Writ Petition are
factually incorrect, especially because she is
not the owner of the property and has no
subsisting right over the same. He explained
that the property originally belonged to the
petitioner's husband - late Sudarsanan, who
settled it in favour of his son (son of the
WP(C) NO. 14675 OF 2024
petitioner also), Sri.Sunil, who thereupon
leased it to the 3rd respondent, Sri.Abu.
4. Sri.K.P.Sujesh Kumar, however, conceded
that late Sudarsanan appears to have executed a
Will subsequently, namely Ext.P3, in favour of
the petitioner; but argued that this is of no
consequence because the aforementioned
settlement deed had already come into effect.
He submitted that his client has already filed
objections before the Rent Control Court
asserting all these facts, and argued that the
attempt of the petitioner is to override the
same, by having filed this Writ Petition and
obtaining orders in her favour.
4. The learned Senior Government Pleader,
Smt.Rekha C.Nair, submitted, contrary to the
allegations of the petitioner, the Police have
taken cognizance of Ext.P6 complaint, to find
that the disputes between the parties are in
WP(C) NO. 14675 OF 2024
civil realm. She submitted that, however, in
obedience to the interim directions of this
Court dated 08.04.2024, the life of the
petitioner is being protected and that the
Police are also ensuring that there are no law
and order issues in the area on account of the
disputes between the parties.
5. It is evident from the afore narrative
of the facts that the parties appear to be at
war on account of their rival claims over the
property in question. It is more or less without
doubt - as is also admitted at the Bar - that
the party respondents have not yet initiated any
legal action against the petitioner, though they
filed their objections - namely Ext.P5, before
the Rent Control Court, asserting that the
property does not belong to the petitioner but
to her son, who has, in turn, leased out the
same to the third among them.
WP(C) NO. 14675 OF 2024
6. Obviously, these are not matters into
which the Police should intervene in any manner,
nor can they do so; but it is their obligation
to ensure that the lives of the parties are
sufficiently protected, as in the case of any
other citizen of this country.
7. As rightly argued by the learned Senior
Government Pleader, this Court had, on
08.04.2024, at the time when this Writ Petition
was admitted, directed the 2nd respondent to
ensure that the life of the petitioner is
adequately protected. This certainly is the
obligation of the Police.
In the afore circumstances, I allow this
Writ Petition, confirming the afore interim
order; however, clarifying that the Police will
also ensure that the lives of parties on both
sides are adequately protected from any threat;
and that they are not allowed to take any action
WP(C) NO. 14675 OF 2024
in violation of law on account of their
internecine disputes.
As far as the parties are concerned, they
are at full liberty to invoke and pursue all the
remedies before the competent Courts; for which
purpose, all rival contentions are left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 14675 OF 2024
APPENDIX OF WP(C) 14675/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT
NO.KL01061203199/2024 DATED 06.04.2024
ISSUED FROM THE VILLAGE OFFICE,
VARKALA IN THE NAME OF SUDARSANAN
EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED
28.9.2018 EXECUTED BETWEEN SUDARSANAN
AND THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REGISTERED WILL
NO.202/2018 DATED 27.10.2018 EXECUTED
BY SUDARSANAN
EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE
DATED 20.11.2020 OF SUDARSANAN ISSUED
FROM THIRUVANANTHAPURAM CORPORATION
EXHIBIT P5 TRUE COPY OF THE R.C. (O.P.) NO.2/2021
DATED 13.08.2021 ON THE FILE OF RENT
CONTROL COURT, VARKALA
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
06.04.2024 SUBMITTED BY PETITIONER
BEFORE THE 1ST RESPONDENT
