C.Ani vs The Superintendent Of Police
2024 Latest Caselaw 26221 Ker

Kerala High Court

C.Ani vs The Superintendent Of Police on 3 September, 2024

                                                     2024:KER:66827
WP(C) NO. 29233 OF 2021

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                          WP(C) NO. 29233 OF 2021

PETITIONER:

            C.ANI
            D/O. LATE GOPALAKRISHNAN NAIR,
            AGED 51 YEARS,
            RESIDING AT T.C.43/1064-3, ASWATHY BHAVAN,
            MANACADU POST, THIRUVANANTHAPURAM-695009.

            BY ADVS.
            N.ANAND
            BIJITH S.KHAN
            RAJESH O.N.




RESPONDENTS:

     1      THE SUPERINTENDENT OF POLICE
            THIRUVANANTHAPURAM RURAL,
            UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
            PALAYAM, THIRUVANANTHAPURAM-695033.

     2      THE DEPUTY SUPERINTENDENT OF POLICE,
            NEYYATTINKARA KATTAKADA ROAD,
            ALUMMOODU, NEYYATTINKARA-695121.

     3      THE STATION HOUSE OFFICER,
            PARASSALA VELLARADA ROAD,
            PARASSALA, 695502.
                                                     2024:KER:66827
WP(C) NO. 29233 OF 2021

                                   2


     4      SURENDRAN NAIR,
            S/O. MADHAVAN PILLAI, RESIDING AT MAKAYIRAM,
            CHENKAL DESOM, CHENKAL VILLAGE,
             NEYYATINKARA-695132

     5      ABHILASH,
            S/O. SURENDRAN NAIR, MAKAYIRAM,
            CHENKAL DESOM, CHENKAL VILLAGE,
            NEYYATTINKARA-695132.


            BY ADVS.
            SRI. BIMAL K. NATH, SR. GP- R1 TO T3
            S.V.PREMAKUMARAN NAIR
            JIBU P THOMAS



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2024:KER:66827
WP(C) NO. 29233 OF 2021

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                                     JUDGMENT

The petitioner has approached this Court for a

direction to respondents 1 to 3 to afford police protection for

the life and property of the petitioner from respondents 4

and 5. Admittedly, there are disputes regarding the

property in which two suits, namely, OS.No.460/2021 and

OS.No.124/2021, are pending before the Munsiff's Court,

Neyyattinkara. There is already Ext.P2 injunction order in

favour of the petitioner.

2. An interim order was passed by this Court on

17.12.2021 directing the 3rd respondent to afford adequate

and effective protection to the petitioner and her family

members from any threat or intimidation from respondents

4 and 5 or any person acting under them.

Since the petitioner has alleged threat to the life of

the petitioner and this Court has passed an interim order, I

deem it appropriate to dispose of the Writ petition making

the interim order absolute. As far as the property is 2024:KER:66827 WP(C) NO. 29233 OF 2021

concerned, the same shall be in accordance with the

judgment passed in the suits pending before the Munsiff's

Court.

Sd/-

BASANT BALAJI JUDGE SPV 2024:KER:66827 WP(C) NO. 29233 OF 2021

APPENDIX OF WP(C) 29233/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE WILL DATED 17.6.2012 EXECUTED BY GOPALAKRISHNAN.

Exhibit P2 TRUE COPY OF THE ORDER DATED 14.7.2021 PASSED BY THE COURT OF PRINCIPAL MUNSIFF IN I.A.1/21 IN O.S.NO.460/2021.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 29.7.2021 PREFERRED BY THE PETITIONER TO RESPONDENT NO.3.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 10.8.2021 PREFERRED BY THE PETITIONER TO RESPONDENT NO.2.

Exhibit P5 TRUE COPY OF THE UNDATED COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT NO.2.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY/

PA TO JUDGE