Kerala High Court
Kalavathi vs The State Police Chief on 28 October, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:80091
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(C) NO. 16372 OF 2025
PETITIONERS:
1 KALAVATHI,
AGED 55 YEARS,
AGED 55 YEARS, W/O JYOTHIRAJ,
RAJ HOUSE, ELAMBALLOOR VILLAGE,
KUNDARA P.O, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691501
2 KALARAJ,
AGED 30 YEARS
S/O JYOTHIRAJ, RAJ HOUSE,
ELAMBALLOOR VILLAGE, KUNDARA P.O,
KOLLAM TALUK,
KOLLAM DISTRICT,
PIN - 691501
3 BHAGYARAJ,
AGED 26 YEARS,
S/O JYOTHIRAJ, RAJ HOUSE,
ELAMBALLOOR VILLAGE, KUNDARA P.O,
KOLLAM TALUK,
KOLLAM DISTRICT,
PIN - 691501.
BY ADV.
RESPONDENTS:
1 THE STATE POLICE CHIEF,
STATE POLICE, KERALA STATE,
POLICE HEADQUARTERS,
VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
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2 THE DISTRICT POLICE CHIEF,
KOLLAM RURAL POLICE, KOTTARAKKARA,
KOLLAM DISTRICT, PIN - 691506
3 RATHEESH,
AGED 47 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
INSPECTOR OF POLICE, FORMER STATION HOUSE
OFFICER, KUNDARA POLICE STATION,
KUNDARA P.O, KOLLAM DISTRICT, PIN - 691501
4 ANEESH,
AGED 40 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
SUB-INSPECTOR OF POLICE, FORMERLY WORKED AT
KUNDARA POLICE STATION,KUNDARA P. O,
KOLLAM DISTRICT, PIN - 691501
5 AMBAREESH,
AGED 36 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
SUB-INSPECTOR OF POLICE, FORMERLY WORKED AT
KUNDARA POLICE STATION, KUNDARA P. O,
KOLLAM DISTRICT, PIN - 691501
6 NANDU MANOJ,
AGED 32 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
FIRE OFFICER,
KERALA FIRE & RESCUE DEPARTMENT &
RESIDING AT VRIDNAVANAM (H), MYTHRI NAGAR,
ELAMPALLOOR, KUNDARA P. O,
KOLLAM DISTRICT, PIN - 691501
7 VISHAKH,
AGED 34 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
POLICE DRIVER, KUNDARA POLICE STATION,
KUNDARA P. O, KOLLAM DISTRICT, PIN - 691501
8 RAMANUNNI,
AGED 24 YEARS,
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FATHER'S NAME NOT KNOWN TO THE PETITIONER,
VRIDNAVANAM (H), MYTHRI NAGAR,
ELAMPALLOOR, KUNDARA P.O,
KOLLAM DISTRICT, PIN - 691501
9 AJAY,
AGED 27 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MANGALATH VEEDU, NEAR IHRD COLLEGE,
KANJIRACODE, KUNDARA P.O,
KOLLAM DISTRICT, PIN - 691501
10 ACHU,
AGED 24 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MINI MANDIRAM, NEAR IHRD COLLEGE,
KANJIRACODE, KUNDARA P.O,
KOLLAM DISTRICT, PIN - 691501
*ADDL.11 THE POLICE COMPLAINT AUTHORITY,
KOLLAM DISTRICT,
CIVIL STATION, KOLLAM-691013.
(ADDITIOINAL 11TH RESPONDENT IS IMPLEADED AS
PER ORDER DATED 13.06.2025 IN IA No.2/2025 IN
WP(C) NO.16372/2025)
BY ADVS.
SMT.M.S.KIRAN
SRI.REMESH KARTHA E.K.
SRI.DHEERAJ A.S. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.09.2025, THE COURT ON 28.10.2025
DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.16372 of 2025
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Dated this the 28th day of October, 2025
JUDGMENT
~~~~~~~~~
The writ petition is filed by the petitioners
apprehending that respondents 3 to 10 will use the temple
festival of Sree Mahadevi Temple, Elampalloor, which is
scheduled to be conducted from 14.04.2025 to 23.04.2025
for attacking and harassing the petitioners.
2. The petitioners prayed that the 2nd
respondent be directed to afford sufficient police protection to
the petitioners from the illegal acts of respondents 3 to 10
and their henchmen. In the writ petition, the petitioners
alleged that the police officers are harassing the petitioners
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mentally and physically and the petitioners are threatened
that they will be implicated in criminal cases.
3. When this writ petition came up for
admission, this Court passed an interim order on 22.04.2025
directing the 2nd respondent to grant adequate protection to
the life of the petitioners during the period of festival.
4. The petitioners state that respondents 6 to
10 have trespassed into the house of the petitioners on
26.08.2024 and have brutally manhandled the petitioners.
The petitioners have preferred Crl.M.P. No.6831/2024 before
the Judicial First Class Magistrate's Court-I, Kollam, which is
pending. The petitioners are under the constant threat from
respondents 6 to 10, urged the petitioners.
5. The respondents resisted the writ petition.
The respondents denied all the allegations made by the
petitioners in the writ petition. The respondents submitted
that Crime No.586/2025 is registered against petitioners 2
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and 3 in the Kundara Police Station.
6. It is evident from the pleadings and
arguments that there are certain disputes between the
petitioners and respondents 3 to 10. Both parties have filed
complaints against each other and criminal cases are
pending against both the parties. In the circumstances, a
blanket police protection order cannot be granted in favour of
either parties.
The writ petition is therefore disposed of
directing the 2nd respondent to ensure that the police
interferes in the matter if law and order situation arises.
Sd/-
N. NAGARESH, JUDGE
aks/23.10.2025
2025:KER:80091
APPENDIX OF WP(C) 16372/2025
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE PRIVATE COMPLAINT
FILED BY PETITIONER AS CRL.MP
NO.2510/2010 ON THE FILES OF JFMC-I,
KOLLAM
Exhibit P2 THE TRUE COPY OF THE B-DIARY
PROCEEDINGS OF EXT.P1-CRL.MP
NO.2510/2010 ON THE FILES OF JFMC-I,
KOLLAM
Exhibit P3 THE TRUE COPY OF THE PRIVATE COMPLAINT
FILED BY THE PETITIONER NO.1 AS CRL.MP
NO.6831/2024 BEFORE THE JFMC-I, KOLLAM
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
DATED 04.04.2025 PREFERRED BY THE
PETITIONERS BEFORE THE RESPONDENT NO.1
ALONG WITH POSTAL RECEIPT EVEN DATED
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
DATED 04.04.2025 PREFERRED BY THE
PETITIONERS BEFORE THE RESPONDENT NO.2
ALONG WITH POSTAL RECEIPT EVEN DATED
Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED
06.09.2024 FILED BY WRIT PETITIONERS
BEFORE THE POLICE COMPLAINT AUTHORITY,
KOLLAM DISTRICT ALONG WITH RECEIPT
VIDE NO.3407/24 EVEN DATED 06.09.2024
ISSUED FROM COLLECTORATE, KOLLAM
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED
06.06.2025 SUBMITTED BY PETITIONERS
NO.1 & 2 BEFORE THE SHO, WEST POLICE
STATION, KOLLAM DISTRICT ALONG WITH
RECEIPT NO.15995003-2025-5-00731 DATED
06.06.2025
Exhibit P8 THE TRUE COPY OF THE FIR IN CRIME
NO.586/2025 OF KUNDARA POLICE STATION,
KOLLAM DISTRICT
Exhibit P9 THE TRUE COPY OF THE ORDER DATED
09.09.2024 IN CRL.MC NO.1739/2024 OF
SESSIONS COURT, KOLLAM.
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