SETHULAKSHMI K.K. v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE BASANT BALAJI
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-23. SETHULAKSHMI K.K. v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BASANT BALAJI RD TUESDAY, THE 23 DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 9502 OF 2021 PETITIONERS: 1 SETHULAKSHMI K. K. AGED 25 YEARS, DAUGHTER OF KUSAN. K. P. , KACHAPARAMBIL HOUSE, ELAMKUNNAPUZHA P. O. , KOCHI - 682 503. 2 SUDHA KUSAN AGED 53 YEARS, WIFE OF KUSAN K. P. , KACHAPARAMBIL HOUSE, ELAMKUNNAPUZHA P. O. , KOCHI - 682 503. BY ADVS. V. JOHN MANI ShRI. S. JAYANT SRI. JACKSON JOHNY SHRI. VARGHESE SABU SMT. GAYATHRI MENON SRI. SONY P. G. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010. 3 THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, ERNAKULAM RURAL-679335. 4 STATION HOUSE OFFICER NJARAKKAL POLICE STATION, NJARACKAL, KOCHI, KERALA 683505. 5 JOHN V. V. S/O. VAKKACHAN, VARYAYATH HOUSE, ELAMKUNNAPUZHA P. O.
, KOCHI - 682503. 6 LALAN SON OF LATE NARAYANAN, PONATH HOUSE, ELAMKUNNAPUZHA P. O. , PIN 683503 WP(C) 9502/2021 -2- 7 JOSEY SON OF LATE MANUEL, KANJIRAPARAMBIL HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 8 THOMAS S/O. VAKKACHAN, VARYAYATH HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 9 ANTO @ANTONY MANUEL S/O. LATE MANUEL, KANJIRAPARAMBIL HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 10 MADHUSOODANAN S/O. BHASKARAN, KOCHIKKAPARAMBIL HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 11 VENU KAITHAVALAPPIL HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 12 JITHIN @ JITHU SON OF BENDICT, PAVOTHITHARA HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 13 TONY SON OF THOMAS, VARYATH HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. 14 RAKESH SON OF VENU, KAITHAVALAPPIL HOUSE, ELAMKUNNAPUZHA P. O. , PIN 682 503. BY ADV SRI. T. KABIL CHANDRAN OTHER PRESENT: GP SRI. RIYAL DEVASSY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23. 07.
2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 9502/2021 -3- JUDGMENT rd (Dated this the 23 day of July 2024) The writ petition is filed to direct respondents 2 to 4 to afford adequate and effective police protection to the life and property of the petitioners and their family members from respondents 5 to 14 and their henchmen. st nd 2. The 1 petitioner is an Advocate, and the 2 petitioner is her mother. The respondents, 5 to 14, are the neighbours of nd the petitioners. On 14. 12. 2019, the 2 petitioner started constructing a residential house on the petitioners’ property. The th 5 respondent approached and requested to appoint him as the contractor for constructing their residential house, and he agreed to complete the work within four months. The construction was th not completed within the time agreed upon by the 5 th respondent, and it was delayed. The 5 respondent had an illegal motive to cut open a wider pathway towards his th property.
The 5 respondent’s property shares the western WP(C) 9502/2021 -4-nd boundary with the 2 petitioner. While the construction was ongoing, respondents 5 to 14 and their henchmen, on nd 13. 01. 2021, trespassed into the 2 petitioner’s property and demolished the fencing situated on the northern boundary of the nd 2 petitioner. Aggrieved by the illegal acts of respondents 5 to th 14, the petitioners revoked the construction contract with the 5 respondent. Respondents 5 to 14 destroyed the electric meter set up outside the building for construction activities. st rd 3. The 1 petitioner preferred a complaint before the 3 respondent seeking police protection for the life and property of st the 1 petitioner and her family members. But no action was nd taken. The 2 petitioner filed CMP No. 128/2021 before the Judicial First Class Magistrate Court, Njarakkal, and the court directed the Station House Officer to file a report under Section 156(3) of Cr. P. C. A crime was registered as FIR No.
88/2021 for the offences punishable under Section 339,427,441,451 and 506 r/w 34 of IPC. Respondents 5 to 7 filed a suit as O. S WP(C) 9502/2021 -5- No. 35/2021 before the Munsiff’s Court, Kochi. The same is pending. 4. Though respondents 5 to 14 entered appearance, no counter affidavit was filed on their behalf. 5. On 09. 04. 2021, an interim order was passed by this th Court, directing the 4 respondent to take necessary steps to ensure that there is no threat to the life and property of the petitioners at the instance of respondents 5 to 14 and their men. th It was also made clear that the 4 respondent shall not interfere with any civil dispute between the petitioners and the party respondents. The Interim order was made absolute on 27. 04. 2021. 6. The counsel for the petitioner submits that even after the interim order was made absolute, a crime is registered as FIR No.
413/2022 by the Njarakkal Police Station for the offence th under Sections 294(b), 506, 427 IPC against the 7 respondent. WP(C) 9502/2021 -6- Therefore, she seeks to grant the prayers in the writ petition. Having heard the counsel for the petitioners, the counsel for the party respondents, and the learned Government Pleader, I am satisfied that there is a threat to the petitioner's life. th Therefore, the 4 respondent is directed to give adequate protection to the life of the petitioners from respondents 5 to 14. It is made clear that the competent Civil Court shall settle the dispute in respect of the property and the police shall not interfere in that. The writ petition is disposed of. Sd/- BASANT BALAJI JUDGE JS WP(C) 9502/2021 -7- APPENDIX OF WP(C) 9502/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 15. 12. 2020. EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 13. 01. 2021.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT PREFERRED TO THE 3RD RESPONDENT DATED 13. 01. 2021. EXHIBIT P4 TRUE COPY OF THE FIR NO. 88/2021 DATED 06. 02. 2021 OF NJARAKKAL POLICE STATION. EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT DATED 20. 03. 2021. EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 23. 03. 2021. EXHIBIT P7 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT DATED 27. 03. 2021. EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT TO PETITIONER DATED 27. 03. 2021. EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 29. 03. 2021. EXHIBIT P10 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 28. 03. 2021.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.