Kerala High Court
Shaji Ninan vs Superintendent Of Police on 10 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:75326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 35183 OF 2024
PETITIONER:
SHAJI NINAN, AGED 66 YEARS,
S/O. LATE NINAN, AGED 66 YEARS, CHALAKZUHY HOUSE,
KUTTAPPUZHA VILLAGE, RAILWAY STATION PO, THIRUVALLA
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADVS.
T.M.RAMAN KARTHA
MANJULA NAIR
GREESHMA T.G.
REVATHY M.A.
RESPONDENT:
1 SUPERINTENDENT OF POLICE, OFFICE OF THE POLICE
SUPERINTENDENT, PATHANAMTHITTA, PIN - 689645
2 STATION HOUSE OFFICER, THIRUVALLA POLICE STATION,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689645
3 ANNI LEELA @ LEELAMMA SAMUEL,
D/O. SAMUAL KURUVILA, KANJIRAVILAYIL HOUSE, SOORANAD
PO, SOORANAD VILLAGE, KUNNATHOOR TALUK,
KOLLAM DISTRICT, PIN - 690522
4 VANAJAKUMARY B, W/O. VIDYADHARAN, AGED 50 YEARS,
CHARUVILA PUTHENVEEDU, KOTTUKKAL PO, THENMALA, KOLLAM
DISTRICT, PIN - 691306
5 ANNIE MATHEW, KALLYANASSERIL HOUSE, CITIZEN NAGAR 31,
MUTHOOR POST, THIRUVALLA, PIN - 689107
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 35183 OF 2024
2
JUDGMENT
The petitioner alleges that his life is under threat from
the 3rd respondent, his former wife, for not acceding to her
request for transferring the petitioner's immovable property to
her name.
2. Learned counsel for the petitioner submits that,
having failed to obtain favourable orders in the civil suit filed
by her, the 3rd respondent is taking law into her hands and is
frequently trespassing into the petitioner's house along with her
henchmen and has threatened the petitioner with dire
consequences, if he does not transfer the house to her name. It
is submitted that, in spite of filing repeated complaints, the
police is not taking any action.
3. The learned Government Pleader submits on
instructions that the complaint filed by the petitioner before the
District Police Chief, Pathanamthitta was forwarded to the
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WP(C) NO. 35183 OF 2024
Station House Officer, Thiruvalla, and thereupon, both parties
were summoned to the police station and warned against
creating problems. It is submitted that, after strict warning
from the police, no law and order issue with respect to the
dispute, was reported.
The writ petition is hence closed, leaving it open for
the petitioner to alert the police in the event of any imminent
threat from the 3rd respondent, and directing the police to
intervene in such event and prevent respondents 3 to 5 from
causing physical harm to the petitioner.
Sd/-
V.G.ARUN
JUDGE
msp
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WP(C) NO. 35183 OF 2024
APPENDIX OF WP(C) 35183/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT PREPARED ON
23.7.2022 AS PER THE LAW OF NORWAY BETWEEN
THE PETITIONER AND THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE PLAINT AS OS NO.1/2023 OF
THE SUB COURT, THIRUVALLA
Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE PETITIONER IN OS NO.1/2023 ON 28.03.2023
Exhibit P4 A TRUE COPY OF THE A COMPLAINT FILED BY THE
PETITIONER BEFORE THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA ON 26.3.2024
Exhibit P5 TRUE COPY OF THE IA NO.1 OF 2024 FILED BY THE
3RD RESPONDENT BEFORE THE SUB COURT,
THIRUVALLA FOR AMENDING THE SUIT
Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN IA NO. 1 OF 2024
Exhibit P7 A TRUE COPY OF THE COMPLAINT WITH RECEIPT
DATED 22.9.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
