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2025 DAILYLAW 3623 (KER)

VARGHESE PETTER v. STATE OF KERALA

WP(C)/6304/2025 · 2025-04-03

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29142 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 6304 OF 2025 PETITIONERS: 1 VARGHESE PETTER AGED 465 YEARS S/O. PETTER, CHAKKALAPARAMBIL (H), EDAYAKKUNNAM, SOUTH CHITTOOR ERNAKULAM DISTRICT, PIN - 682027 2 MARY PETTER AGED 96 YEARS W/O.PETTER, CHAKKALAPARAMBIL (H), EDAYAKKUNNAM, SOUTH CHITTOOR ERNAKULAM DISTRICT, PIN - 682027 BY ADVS. M.G.SREEJITH VIDYAJITH M. BINCY JOSE GOPIKA K.V. K.J.SHINY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE CITY POLICE COMMISSIONER OFFICE OF THE CITY POLICE COMMISSIONER, PARK VIEW, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 3 THE STATION HOUSE OFFICER CHERANELLOORE POLICE STATION, CHERANELLOORE, ERNAKULAM DISTRICT, PIN - 682034 WP(C) No.6304 of 2025 2 2025:KER:29142 4 RAJA S/O RAMASWAMI,DOOR NO.9/313, SAAMIYAAR MADAYI,SHIVASHAKTHI NAGAR IRINGUR(PO), COIMBATORE, TAMILNADU, PIN - 631027 5 SHINU W/O RAJA,DOOR NO.9/313SAMIYAAR MADAYI,SHIVASHAKTHI NAGAR.IRINGUR (PO), COIMBATORE, TAMILNDU, PIN - 631027 GP SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.6304 of 2025 3 2025:KER:29142 JUDGMENT Dated this the 3rd day of April, 2025 The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the petitioners and their family members from the threats of the party respondents. 2. When the writ petition came up for consideration on 28.02.2025, this Court on considering Ext.P2 FIR and the charge sheet filed against the 4th respondent, directed the 3rd respondent to ensure that law and order is maintained in the petitioners’ locality, without interfering in any civil dispute between the parties. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. On a consideration of the facts and the materials on record, particularly the fact that after the interim order passed by this Court there is no law and order problem, I am of the view that a quietus can be given to the writ petition, by making the interim order absolute. WP(C) No.6304 of 2025 4 2025:KER:29142 5. In the aforesaid circumstances, I direct the 4th respondent to ensure that the law and order is maintained in the petitioners’ locality, without interfering in any civil dispute between the petitioners’ and the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.6304 of 2025 5 2025:KER:29142 APPENDIX OF WP(C) 6304/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF DECREE AND JUDGEMENT IN O.S NO.872 OF 2012 IN THE FILES OF HON’BLE MUNSIFF COURT, ERNAKULAM DATED 03-09-2014 Exhibit -P2 TRUE COPY OF FIR AND CHARGE SHEET IN SC NO.1254/2023 IN THE FILES OF ASSISTANT SESSION COURT ERNAKULAM Exhibit-P3 TRUE COPY OF JUDGEMENT AND DECREE DATED 19-06-2023 IN O.S.NO.169/2022 IN THE FILES OF 1ST ADDITIONAL MUNSIFF COURT, ERNAKULAM Exhibit -P4 TRUE COPY OF COMPLAINT DATED 03-12-2024 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT Exhibit -P5 TRUE COPY OF RECEIPT DATED 08-12-2024 Exhibit-P6 TRUE COPY OF COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 08-02-2025