Citation : 2024 Latest Caselaw 27013 Ker
Judgement Date : 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
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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
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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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