Kerala High Court
Subaida vs Station House Officer on 2 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:81515
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946
WP(C) NO. 29818 OF 2024
PETITIONERS:
1 SUBAIDA
AGED 75 YEARS, W/O. HUSSAIN,
VADAKKEVEETIPARAMBU, NETTOOR P.O,
ERNAKULAM DISTRICT, PIN - 682040
2 JASMINE
AGED 39 YEARS, W/O. SANU NAVAS,
VADAKKEVEETIPARAMBU, NETTOOR P.O,
ERNAKULAM DISTRICT, PIN - 682040
3 SABOORA
AGED 51 YEARS, W/O. ABDUL AZEEZ,
VADAKKEVEETIPARAMBU, NETTOOR P.O,
ERNAKULAM DISTRICT, PIN - 682040
BY ADVS.
PRAMOD KOCHUTHOMMEN.E.
ABHAI SHANKAR S.
SANDHYA SUDHEER
RIYA ALICE ROBERT
RESPONDENTS:
1 STATION HOUSE OFFICER
PANANGAD POLICE STATION, PANANGAD P.O,
ERNAKULAM DISTRICT, PIN - 682506
2 CITY POLICE COMMISSIONER
ERNAKULAM CITY, OFFICE OF THE CITY POLICE COMMISSIONER,
REVENUE TOWER, ERNAKULAM DISTRICT, PIN - 682011
WP(C) NO. 29818 OF 2024
2
2024:KER:81515
3 JESSU BUKKARI
S/O. BUKKARI, MANGALASERI HOUSE,
NETTOOR P.O, ERNAKULAM DISTRICT,
PIN - 682040
4 JAFFAR
S/O. ABDUL RAHMAN, PADATH-KILIPARAMBIL HOUSE,
NETTOOR P.O, ERNAKULAM DISTRICT,
PIN - 682040
5 HABEEB K.H
S/O. HANEEFA, KILIPARAMBIL HOUSE,
NETTOOR P.O, ERNAKULAM DISTRICT,
PIN - 682040
6 ABDUL RAHMAN
S/O. FATHERS NAME NOT KNOWN TO THE PETITIONERS,
PADATH HOUSE, NETTOOR P.O, ERNAKULAM DISTRICT,
PIN - 682040
7 NISAMOL
W/O. JASU BUKKARI, MANGALASERI HOUSE, NETTOOR P.O,
ERNAKULAM DISTRICT, PIN - 682040
BY ADVS.
K A SHAJI MATHEW
AMAL M.(K/2410/2023)
RIYAN AUGUSTINE SHAJI(K/002120/2024)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29818 OF 2024
3
2024:KER:81515
JUDGMENT
Dated this the 2nd day of November, 2024
A monetary dispute between the 1 st petitioner's
son and the 3rd respondent resulted in the 3rd
respondent, along with his family members, conducting
a dharna outside the petitioners' house. The petitioners
allege that, under the guise of conducting dharna, the 3 rd
respondent and others trespassed into their house and
snatched the 1st petitioner's gold chain.
2. Learned Counsel for the petitioners
submitted that, unless police protection is granted, there
is every possibility of the petitioners being put to harm
by the 3rd respondent and his men.
3. Learned Counsel for the 3rd respondent
stoutly denied the allegations and submitted that the
police, after enquiry, had found the allegation regarding
trespass and chain snatching to be false. It is further
submitted that, except conducting a peaceful dharna,
WP(C) NO. 29818 OF 2024
2024:KER:81515
nothing further was done by the 3rd respondent and his
family members.
4. Learned Government Pleader submits on
instructions that some monetary disputes are pending
between the 1st petitioner's son and the 3rd respondent.
The allegation of trespass and chain snatching was
enquired into and found to be incorrect.
In view of the above submissions, the writ
petition is disposed of, permitting the petitioners to alert
the police in the event of any imminent threat from the
3rd respondent, and directing the police to intervene and
prevent untoward incidents on receipt of such
information.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 29818 OF 2024
2024:KER:81515
APPENDIX OF WP(C) 29818/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTO COPY OF THE COMPLAINT DATED
15.08.2024 SENT TO 1ST RESPONDENT STATION
HOUSE OFFICER, PANANGAD POLICE STATION FILED
BY THE PETITIONERS
EXHIBIT P2 TRUE COPY OF THE POSTAL RECEIPT DATED
17.8.2024 EVIDENCING THE ISSUANCE OF EXHIBIT
P 1 COMPLAINT
EXHIBIT P3 TRUE PHOTO COPY OF THE COMPLAINT DATED
16.08.2024 SENT TO 2ND RESPONDENT THE CITY
POLICE COMMISSIONER
EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT DATED
17.8.2024 EVIDENCING THE ISSUANCE OF EXHIBIT
P 3 COMPLAINT
