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Reena K vs The District Police Chief
2024 Latest Caselaw 27013 Ker

Citation : 2024 Latest Caselaw 27013 Ker
Judgement Date : 6 September, 2024

Kerala High Court

Reena K vs The District Police Chief on 6 September, 2024

                                                   2024:KER:68014
WP(C) NO. 4417 OF 2021

                              -1-



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MR.JUSTICE BASANT BALAJI


  FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946


                     WP(C) NO. 4417 OF 2021


PETITIONER/S:

          REENA K
          AGED 60 YEARS
          W/O. RAVEENDRAN, ARCHANA HOUSE, VAZHAYOOR,
          VAZHAKKAD, MALAPPURAM DISTRICT.



          BY ADV K.RAKESH


RESPONDENT/S:

    1     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF, UP-HILL,
          MALAPPURAM, PIN-676505.

    2     THE STATION HOUSE OFFICER,
          VAZHAKKAD POLICE STATION, VAZHAKKAD P.O.,
          KONDOTTY, MALAPPURAM DISTRICT, PIN-673640.
                                                    2024:KER:68014
WP(C) NO. 4417 OF 2021

                                -2-




    3       GOPALAKRISHNAN,
            S/O.ACHUTHAN NAIR, VILAKATHRA, AZHINJILAM P.O.,
            MALAPPURAM DISTRICT, PIN-673632.

    4       MANOJ,
            S/O.ACHUTHAN NAIR, VILAKATHRA, AZHINJILAM P.O.,
            MALAPPURAM DISTRICT, PIN-673632.



            BY ADVS.
            GOVERNMENT PLEADER
            T.SETHUMADHAVAN (SR.)
            PREETHI. P.V.
            M.V.BALAGOPAL



OTHER PRESENT:

            SR GP SRI. BIMAL K. NATH


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                                    2024:KER:68014
WP(C) NO. 4417 OF 2021

                                        -3-




                                  JUDGMENT

(Dated this the 6th day of September 2024)

The petitioner is a 60-year-old lady who has approached

this Court seeking adequate protection for her life and for her

family from the threat of respondents 3 and 4 and their

henchmen.

2. The petitioner is a tenant of the house of the 3rd

respondent and the same is managed by the 4th respondent.

When the party respondents had attempted to evict the

petitioner forcefully, she filed O.S No.297/2019 before the

Munsiff's Court, Parappanangadi. Ext.P1 is the injunction order

passed in favour of the petitioner. Infuriated by Ex.P1, the

party respondents, on 11.02.2021, attacked the petitioner by 2024:KER:68014 WP(C) NO. 4417 OF 2021

pouring water over her head, and tore her dress, and caused

injuries with a knife. A complaint was filed before the 2 nd

respondent, and it ended in the registration of FIR as Crime

No.29/2021. Since the party respondents are influential, the

police are not granting protection. Therefore, she has

approached this Court seeking police protection.

3. Sri. T.Sethumadhvan, Sr. Counsel appearing for the

4th respondent, submits that O.S No.297/2019 was dismissed and

a suit was filed by him as O.S No.3/2020 and mandatory

injunction was allowed, against which AS Nos.26/2022 and

27/2022 was filed before the Sub Court, Tirur, and the Sub

Court dismissed both the suits. The respondent filed E.P

No.95/2022 to execute the decree.

4. An interim order was initially granted by this Court 2024:KER:68014 WP(C) NO. 4417 OF 2021

on 19.02.2021, directing the 2nd respondent to ensure that there

is no threat to law and order and also to the life of the

petitioner and her family members.

Since an FIR is registered against the 4 th respondent as

Ext.P3, I deem it appropriate to dispose of the writ petition,

directing the 2nd respondent to ensure that the life of the

petitioner and her family is protected from any other acts of

respondents 3 and 4.

Sd/-

BASANT BALAJI JUDGE JS 2024:KER:68014 WP(C) NO. 4417 OF 2021

APPENDIX OF WP(C) 4417/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED, 10.12.2019 IN I.A.NO.2264/2019 IN O.S.NO.297/2019 OF THE HON'BLE MUNSIFF, PARAPPANANGADI.

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AFTER RECEIVING THE COMPLAINT OF THE PETITIONER DATED 13.2.2021.

EXHIBIT P3 TRUE COPY OF THE FIR IN CRIME NO.29/2021 OF THE VAZHAKKAD POLICE STATION DATED 13.2.2021.

 
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