WP(C) NO. 938 OF 2025 1 2025:KER:27757 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 938 OF 2025 PETITIONER: JAGADAMMA AGED 69 YEARS D/O THANKAMMA, RESIDING AT NAKKILAZHIKATHU VEEDU, PRASHOBHA MANDIRAM, PUTHUKKULAM CHERI, PUTHUKKULAM VILLAGE, KOLLAM DISTRICT, PIN - 691309 BY ADVS. SRI.J.R.PREM NAVAZ SRI.S.DILEEP SATHYAN SRI.MUHAMMED SWADIQ SRI.O.MOHAMED BASIL KOYA THANGAL RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE STATE POLICE CHIEF OFFICE AT POLICE HEAD QUARTERS HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM,, PIN - 695010 3 DEPUTY POLICE SUPERINTENDENT OFFICE OF THE DEPUTY POLICE SUPERINTENDENT VARKALA, MAIDANAM, OPPOSITE VARKALA POLICE STATION THIRUVANANTHAPURAM DISTRICT, PIN - 695141 4 STATION HOUSE OFFICER VARKALA POLICE STATION MAIDANAM, VARKALA, THIRUVANANTHAPURAM DISTRICT,, PIN - 695141 WP(C) NO. 938 OF 2025 2 2025:KER:27757 5 BINUKUMAR AGED 49 YEARS, S/O LATE LAKSHMANAN, RESIDING AT ANU VILLA, ASANMUKKU, MUTHANA P.O, CHAVARKODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695146 6 ARYA AGED 35 YEARS, W/O BINUKUMAR, RESIDING AT ANU VILLA, ASANMUKKU, MUTHANA P.O, CHAVARKODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695146 7 JAYAPRAKASH AGED 60 YEARS, S/O LATE VAMADEVAN, RESIDING AT SINDHU BHAVAN, EDAYAM, KOTTARAKKARA, NOW RESIDING AT ANU VILLA, ASANMUKKU, MUTHANA P.O, CHAVARKODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695146 BY ADVS. SRI.NAMITHA RAJESH SRI.S.SREEKUMAR KOLLAM)(K/788/1993) SMT.NITHYA V.D.(K/545/2024) SRI.AJITH VISWANATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 938 OF 2025 3 2025:KER:27757 JUDGMENT Dated this the 01st day of April, 2025 The writ petition is filed to direct the respondents 2 to 4 to afford adequate police protection to the life of the petitioner from the threats being caused by the party respondents. 2. The petitioner and the respondents 5 and 6 were residing in the petitioner’s property. In 2014, the respondents 5 and 6 started residing separately. The 5th respondent is employed abroad. Since 2022 onwards, the 5th respondent is attempting to evict the petitioner from her residence. The petitioner had filed M.C.No.08/2023 before the Court of the Judicial First Class Magistrate, Paravur, against the respondents 5 and 6, invoking the provisions of Protection of Women from the Domestic Violence Act, 2005, and Ext.P1 order was passed in her favour. The respondents 5 and 6 contested the WP(C) NO. 938 OF 2025 4 2025:KER:27757 proceedings. It is only then that the petitioner came to learn that the 5th respondent had clandestinely transferred the petitioner’s property to his name. The petitioner has also filed an application before the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to set aside the settlement document. The respondents 5 and 6, with the aid and advise of the 7th respondent, are meddling with the petitioner’s peaceful residence in her property. The petitioner is apprehensive that the respondents 5 to 7 may cause harm to her life. Hence, the writ petition. 3. The 6th respondent has filed a counter affidavit denying the allegations in the writ petition. She has stated that, the 5th respondent is the son of the petitioner and he is employed abroad. The petitioner had executed Ext.R6(a) settlement deed in favour of the 5th respondent. The respondents 5 and 6 are residing in Chavarcode, which is about 10 km away from the petitioner’s residence. The petitioner has converted the house into a Poojamandir. The same was objected to by WP(C) NO. 938 OF 2025 5 2025:KER:27757 the respondents 5 and 6. The petitioner had filed O.S.No.19/2013 before the Court of the Munsiff, South Paravur, to set aside the settlement deed. The suit was dismissed. After that, the 5th respondent filed a suit for injunction, which was decreed by Ext.R6(b). M.C.No.08/2023 filed by the petitioner was dismissed by Ext.R6(c) order. It is suppressing all these facts, the petitioner has filed the present writ petition. The petitioner is residing within the territorial jurisdiction of the Paravur Police Station. She has deliberately impleaded the Station House Officer, Varkala, as a respondent in the writ petition. The respondents 5 and 6 have no objection in the petitioner residing in her house during her life time. However, she has no right to deny the right of the 5th respondent to reside in the said house. The dispute between the parties is civil in nature. Therefore, the writ petition may be dismissed. 4. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the party respondents. WP(C) NO. 938 OF 2025 6 2025:KER:27757 5. On a consideration of the facts and the material on record, I find that there were several litigation between the parties. Now, by Ext.R6(b) decree, the 5th respondent is permitted to reside in the property where the petitioner is residing. In the aforesaid circumstances, I am not inclined to grant an order of police protection in favour of the petitioner. Nonetheless, I observe that, in case there is any threat to the petitioner’s life, it will be upto her to approach the jurisdictional police and file a complaint in the said regard. If such complaint is filed, the jurisdictional police shall act on the complaint in accordance with law, without interfering in any civil dispute between the petitioner and the 5th respondent. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 938 OF 2025 7 2025:KER:27757 APPENDIX OF WP(C) 938/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 06.03.2023 IN CMP NO: 92/2023 IN M.C. NO: 08/2023 PASSED BY THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAVUR EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED B Y THE PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENT EXHIBITS EXHIBIT-R6(a) THE TRUE COPY OF THE SETTLEMENT DEED DATED 29.03.2004 EXHIBIT-R6(b) THE TRUE COPY OF THE JUDGMENT IN OS NO.279/2018 DATED 23.08.2022 OF THE MUNSIFF COURT, SOUTH PARAVUR EXHIBIT-R6(c) THE TRUE COPY OF THE STATUS OF THE MC 8/2023