Ambika vs State Of Kerala
2024 Latest Caselaw 32492 Ker

Kerala High Court

Ambika vs State Of Kerala on 8 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:83544


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 8TH DAY OF NOVEMBER 2024/17TH KARTHIKA, 1946

                       WP(C) NO. 39500 OF 2024



PETITIONER:

          AMBIKA,
          AGED 61 YEARS, W/O T.S. BABU,
          THOTATHILPARAMBU HOUSE, CHARAMANGALAM,
          KANJIKUZHI, CHERTHALA P.O,
          ALAPPUZHA DISTRICT, PIN - 688524

          BY ADV P.T.SHEEJISH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE HOME SECRETARY,
          SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     DISTRICT POLICE CHIEF (COMMISSIONER OF POLICE),
          OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA,
          ALAPPUZHA DISTRICT, PIN - 688001

    3     STATION HOUSE OFFICER,
          MARARIKULAM P.O, ERNAKULAM,
          ERNAKULAM DISTRICT, PIN - 682042

    4     SURESH KUMAR,
          S/O, THOTTATHILPARAMBU HOUSE,
          MAYITHARA MARKET P.O, CHARAMANGALAM,
          KANJIKUZHI, CHERTHALA, ALAPPUZHA, DISTRICT,
          PIN - 688524
 WP(C) NO. 39500 OF 2024
                                  2
                                                      2024:KER:83544


     5      AMBILY,
            W/O SURESH KUMAR, THOTTATHIL PARAMBU HOUSE,
            MAYITHARA MARKET P.O, CHARAMANGALAM,
            KANJIKUZHI, CHERTHALA, ALAPPUZHA DISTRICT,
            PIN - 688524

            SRI. SUNILKUMAR KURIAKOSE, SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39500 OF 2024
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                                                        2024:KER:83544




                             JUDGMENT

Dated this the 8th day of November, 2024

Going by the averments in the writ petition,

the dispute between the petitioner and her brother-

in-law and wife, respondents 4 and 5, is regarding

the petitioner's civil right to use a way through their

property as the access to her home.

2. Learned Counsel for the petitioner

submits that the petitioner is forced to seek police

protection, since there is imminent threat from

respondents 4 and 5.

3. As mere threat in relation to a civil

dispute is no reason to entertain a writ petition under

Article 226, the writ petition is closed, reserving the

petitioner's liberty to alert the police in the event of

any imminent threat of physical harm from WP(C) NO. 39500 OF 2024

2024:KER:83544

respondents 4 and 5, and directing the police to take

preventive action on receipt of such information.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 39500 OF 2024

2024:KER:83544

APPENDIX OF WP(C) 39500/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY IN RE-SURVEY. NOS. 406/8 OF KANHIKUZHI VILLAGE ISSUED TO THE HUSBAND OF PETITIONER MR. T.S BABU DATED 16.10.2021

EXHIBIT P2 TRUE COPY OF WAY RIGHT DEED DATED ON 05.12.2019

EXHIBIT P3 TRUE COPY OF POLICE COMPLAINT SUBMITTED BY PETITIONER TO CITY POLICE COMMISSIONER DATED 04.11.2024

EXHIBIT P4 TRUE COPY OF E-MAIL RECEIPT OF POLICE COMPLAINT DATED 05.11.2024