Kerala High Court
Mary Devassy vs State Of Kerala on 17 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:77238
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 35442 OF 2024
PETITIONER:
MARY DEVASSY, AGED 62 YEARS,
W/O DEVASSY, KARUMATHY, ANGAMALY, NEAR ORMA MARBLES,
ANGAMALY VILLAGE, PARAKKADAVU, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
P.JINISH PAUL
SNEHA V.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME
AFFAIRS, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE ASSISTANT COMMISSIONER OF POLICE,
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKARA, KOCHI CITY,
ERNAKULAM DISTRICT, PIN - 682021
3 THE STATION HOUSE OFFICER,
THRIKKAKARA POLICE STATION, KAKKANAD P.O.,
ERANKULAM DISTRICT, PIN - 682030
4 GEO PAUL, AGED 45 YEARS,
S/O. K P PAUL, RESIDING AT KOLLEENAL (HOUSE), KSHBC,
IRUMPANAM P.O., THRIPUNITHURA,
ERNAKULAM DISTRICT, PIN - 682309
BY ADVS. K.PAUL KURIAKOSE
EBEE ANTONY
GP AJITH VISHWANATHAN
ADV. PAUL KURIAKOSE-R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:77238
WP(C) NO. 35442 OF 2024
2
JUDGMENT
The petitioner is conducting a hostel and paying guest
accommodation in a building taken on lease from the 4 th respondent.
According to the petitioner, with a view to compel her to vacate the
building, the 4th respondent locked the hostel rooms occupied by
inmates from outside. The petitioner also alleges that the 4 th
respondent threatened her with physical harm, if she attempted to
open the rooms.
2. The allegations are stoutly opposed by the 4 th respondent.
According to him, the dispute is actually between the petitioner and
the inmates and it was the petitioner who had locked the rooms
from outside. The police then intervened at the instance of the
inmates and a crime is also registered against the petitioner.
3. Learned Government Pleader submits on instructions that,
based on the complaint of an inmate named Arjun, police went to
the site, and on finding that the inmates were locked inside their
rooms, had registered a crime against the petitioner.
2024:KER:77238
WP(C) NO. 35442 OF 2024
4. Learned counsel for the petitioner submits that the police
is siding with the 4th respondent and a false crime is registered
against his client.
5. Having heard the learned counsel on either side, this
Court is of the definite opinion that the disputed questions of fact,
the resolution of which require adduction of evidence, cannot be
decided in a writ petition under Article 226 of the Constitution of
India. Moreover, grant of police protection to one among the
disputing parties will prejudice the other side. It is for the police to
enquire/investigate the complaints, if any, pending and take
appropriate action.
The writ petition is hence closed, reserving the right of the
petitioner and the 4th respondent to agitate their grievances before
the appropriate court/ forum.
Sd/-
V.G.ARUN
JUDGE
msp
2024:KER:77238
WP(C) NO. 35442 OF 2024
APPENDIX OF WP(C) 35442/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN
THE PETITIONER AND 4TH RESPONDENT DATED 01-
07-2024
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 04.10.2024
SUBMITTED BY THE PETITIONER ALONG WITH ITS
RECEIPT
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 07.10.2024
ALONG WITH ITS RECEIPT
Exhibit P4 THE PHOTOS SHOWING THE LOCKED ROOM AND
PREMISES
EXHIBIT P5 THE AUDIO CLIP OF CONVERSATION IN BETWEEN THE
PETITIONER AND ONE OF THE HOSTEL INMATES
RESPONDENT EXHIBITS
EXHIBIT R4 TRUE COPY OF THE LETTER DATED 16.09.2024
ISSUED BY THE SECRETARY, POYYACHIRA RESIDENTS
ASSOCIATION PRA TO ME,
EXHIBIT R4(A) TRUE COPY OF THE COMPLAINT DATED 19.09.2024
MADE BY ME TO THE 2ND RESPONDENT
EXHIBIT R4(B) TRUE COPY OF THE RECEIPT DATED 20.09.2024
ISSUED BY THE OFFICE OF THE 2D RESPONDENT
EXHIBIT R4(C) TRUE COPY OF THE NOTICE DATED 04.07.2024
ISSUED BY ADV.JINISH PAUL FOR AND ON BEHALF
OF THE PETITIONER TO ONE SUCH LANDLORD OF THE
PETITIONER
EXHIBIT R4(D) TRUE COPY OF THE NOTICE DATED 09.10.2024
EXHIBIT R4(E) TRUE COPY OF THE RECEIPTS EVIDENCING ISSUANCE
OF EXHIBIT R-4(D) NOTICE
EXHIBIT R4(F) TRUE COPY OF THE FIR BEARING NO. 0900 OF 2024
OF THRIKKAKARA POLICE STATION
EXHIBIT R4(G) TRUE COPY OF THE NEWS ITEM WHICH WAS REPORTED
BY MALAYALA MANORAMA DAILY DATED 16.10.2024
2024:KER:77238
WP(C) NO. 35442 OF 2024
EXHIBIT R4(H) TRUE COPY OF THE NEWS ITEM REPORTED BY
MATHRUBHUMI DAILY DATED 16.10.2024
EXHIBIT R4(I) TRUE COPY OF THE NEWS ITEM PUBLISHED IN
DESHABHÍMANI DAILY EPAPER DATED 16.10.2024
