Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 21319 OF 2021 PETITIONER: SAVITHRY AGED 57 YEARS, W/O.SOMAN, PULICKAL HOUSE, EDAYAR P.O., BINANIPURAM, PIN-682502, ERNAKULAM DISTRICT. BY ADVS. SHERRY J. THOMAS JOEMON ANTONY RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE RURAL, POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA-683101. 2 THE STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, MUPPATHADOM, ALUVA, ERNAKULAM DISTRICT, PIN-682011, 3 SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, MUPATHADOM, ALUVA, ERNAKULAM DISTRICT, PIN 682011. 4 SANISH, S/O.SAVITHRY, AGED 34 YEARS, PULICKAL HOUSE, EDAYAR P.O., BINANIPURAM, PIN 682502, ERNAKULAM DISTRICT, 5 SREEJITH, S/O.SAVITHRY, AGED 38 YEARS, PULICKAL HOUSE, EDAYAR P.O, BINANIPURAM, PIN - 682502, ERNAKULAM DISTRICT.
OTHER PRESENT: SRI.E C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21319 OF 2021 2
JUDGMENT
This is a tragic case where a mother has been constrained to approach this Court seeking protection from her own children, namely respondents 4 and 5. However, pending this lis, it is reported that the 5th respondent is now no more.
2. The petitioner alleges that respondent No.4 is constantly meting out threats and intimidation to her and that she, therefore, fears for her life, particularly because he is acting under the influence of alcohol. The petitioner says that she, therefore, approached the 2nd respondent - Station House Officer with Ext.P2 complaint seeking protection; but that since no action was taken thereon, she has been constrained to move this Court through this writ petition.
3. I have heard Shri.Sherry J.Thomas, learned counsel for the petitioner and Shri.E.C.Bineesh, learned Government Pleader appearing for the official respondents. Even though service has been completed on the 4th respondent validly from this WP(C) NO. 21319 OF 2021 3 Court, he has chosen not to be present in person or
to be represented through counsel; thus inferentially guiding me to the impression that he has nothing to offer in answer to the allegations made by the petitioner in this writ petition.
4. Shri.E.C.Bineesh, learned Government Pleader, submitted that, in obedience to the directions of this Court in the interim order dated
06.10.2021, the petitioner has been effectively protected and that 4th respondent has been sternly warned. He submitted that, as of now, there are no law and order issues and that petitioner is living peacefully without any vexation from the said respondent. Taking note of the afore submissions and since the 4th respondent has kept away from this Court, I allow this writ petition and confirm the interim
order dated 06.10.2021; with a consequential
direction to the 2nd respondent - Station House Officer, to act implicitly as per its terms and to ensure that petitioner is constantly protected from WP(C) NO. 21319 OF 2021 4 any threat on the side of the 4th respondent and to keep a close vigil on her residence for this purpose. Needless to say, if any complaint is made by
the petitioner against the 4th respondent with respect to any conduct in violation of law, necessary action shall be taken by the 2 nd
respondent swiftly and quickly without any avoidable delay. Sd/- DEVAN RAMACHANDRAN JUDGE MC/29.10 WP(C) NO. 21319 OF 2021 5 APPENDIX OF WP(C) 21319/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF MEDICAL REPORT DATED HOSPITAL.
Exhibit P1(A) THE TRUE COPY OF MEDICAL REPORT DATED Exhibit P1(B) THE TRUE COPY OF MEDICAL REPORT DATED Exhibit P1C THE TRUE COPY OF MEDICAL REPORT DATED Exhibit P2 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE 3RD RESPONDENT OFFICE DATED Exhibit P3 THE TRUE COPY OF THE OP TICKET ISSUED FROM THE DISTRICT HOSPITAL, ALUVA DATED Exhibit P4 THE TRUE COPY OF THE CIRCULAR NO. GENERAL OF POLICE DATED 13/11/2020. Exhibit P5 THE TRUE COPY OF THE CIRCULAR DATED