Kerala High Court
Chithra vs The District Police Chief on 22 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:79789
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36923 OF 2024
PETITIONERS:
1 CHITHRA
AGED 35 YEARS
W/O.REMESH, CHITHRA SADANAM, AKKANATTUKARA, KILLUMALA
P.O, MAVELIKARA, ALAPPUZHA, PIN - 690110
2 NAVAMI (MINOR)
AGED 13 YEARS
D/O REMESH,REPRESENTED BY MOTHER CHITHRA, AGED 35
YEARS, CHITHRA SADANAM, AKKANATTUKARA, KILLUMALA P.O,
MAVELIKARA ALAPPUZHA, PIN - 690110
3 NIRANJAN (MINOR)
AGED 10 YEARS
S/O REMESH,REPRESENTED BY MOTHER CHITHRA, AGED 35
YEARS, CHITHRA SADANAM, AKKANATTUKARA, KILLUMALA P.O,
MAVELIKARA, ALAPPUZHA, PIN - 690110
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA,
ALAPPUZHA DISTRICT, PIN - 689622
WP(C)No.36923 of 2024 2024:KER:79789
2
2 THE STATION HOUSE OFFICER
MAVELIKARA POLICE STATION, MAVELIKARA (PO), ALAPPUZHA
DISTRICT, PIN - 689622
3 REMESH
AGED 37 YEARS
S/O SARASWATHI AMMA, THANDATHU, PUTHENKOTTAIKAKAM,
CHENNITHALA, ALAPPUZHA DISTRICT, PIN - 690105
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.36923 of 2024 2024:KER:79789
3
JUDGMENT
Dated this the 22nd day of October, 2024
Petitioners are aggrieved by the failure of
respondents 1 and 2 in executing the warrant issued
against the 3rd respondent by the Family Court,
Mavelikkara, in Crl.M.P.No.21/2023 in M.C.No.7 of
2021 filed by the petitioners.
2. Heard, learned counsel for the petitioners
and the learned Government Pleader.
3. This Court is of the considered opinion that
the Family Court is vested with enough powers to
ensure that the police executes the warrant issued by
it. As such, it is not necessary for the litigants to
approach the High Court for that purpose.
The writ petition is hence closed, permitting
the petitioners to bring non-execution of the warrant
WP(C)No.36923 of 2024 2024:KER:79789
to the notice of the Family Court by filing an
application and leaving it open for the Family Court
to take appropriate measures to see that the warrant
is executed.
Sd/-
V.G.ARUN
JUDGE
SSK/22/10
WP(C)No.36923 of 2024 2024:KER:79789
APPENDIX OF WP(C) 36923/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 03.10.2022 IN
M.C. NO. 7/2021 ON THE FILES OF FAMILY
COURT AT MAVELIKKARA
Exhibit P2 TRUE COPY OF THE CRL. M.P. NO. 21/2023 IN
MC. NO. 7/2021 ON THE FILES OF HON'BLE
FAMILY COURT AT MAVELIKKARA
Exhibit P3 TRUE COPY OF THE HISTORY OF CASE IN CRL.
M.P. NO. 21/2023 IN MC. NO. 7/2021 ON THE
FILES OF FAMILY COURT, MAVELIKKARA
DOWNLOADED FROM THE WEBSITE
TRUE COPY
P.A. TO JUDGE
