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2025 DAILYLAW 5915 (KER)

NARAYANAN PILLAI v. STATE OF KERALA

WP(C)/14278/2022 · 2025-04-02

Viju Abraham

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28522 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 14278 OF 2022 PETITIONERS: 1 NARAYANAN PILLAI AGED 75 YEARS GIRIJA MANDIRAM, KUDAVATOOR-PO, ODANAVATTOM, KOLLAM DISTRICT-691 509 2 OMANA AMMA, AGED 68 YEARS GIRIJA MANDIRAM, KUDAVATOOR-PO, ODANAVATTOM, KOLLAM DISTRICT-691 509 3 GIRIJA AGED 45 YEARS D/O. NARAYANAN PILLAI, UDAYAGIRI, MYLAKKAD P.O., KOTTIYAM, KOLLAM-691 571 BY ADVS. S.S.RAJESH V.P.REMESH RENJITH B.MARAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DIRCTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 010 3 DISTRICT POLICE CHIEF , KOLLAM, OFFICE OF THE DISTRICT POLICE CHIEF, KOLLAM-691 001 WP(C) No. 14278 of 20 22 - 2 - \ 2025:KER:28522 4 STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM-691 011 5 RASMI AGED 30 YEARS D/O. RAVEENDRAN PILLAI, PUNTHALA HOUSE, KURA-PO, CHENGAMANAD, KOTTRAKKARA, KOLLAM-691 557 6 RAVEENDRAN PILLAI, PUNTHALA HOUSE, KURA-PO, CHENGAMANAD, KOTTRAKKARA, KOLLAM-691 557 7 CHANDRAMATHI, W/O.RAVEENDRAN PILLAI, PUNTHALA HOUSE, KURA-PO, CHENGAMANAD, KOTTRAKKARA, KOLLAM-691 557 8 RATHEESH KUMAR, PUNTHALA HOUSE, KURA-PO, CHENGAMANAD, KOTTRAKKARA, KOLLAM-691 557 BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL(L-150) ARUN POOMULLI(D/3696/2015) AISWARYA THANKACHAN(K/1521/2021) MEERA JOPPAN(K/001271/2022) SURABHI SANTHOSH(KAR/155/2017) SHEENA S.(K/718/2014) GP- RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 14278 of 20 22 - 3 - \ 2025:KER:28522 JUDGMENT Dated this the 2nd day of April, 2025 Petitioners have approached this Court seeking a direction to respondents 3 to 4 to accord adequate protection to the life and property of the petitioners for which Ext.P2 petition was submitted before the 3rd respondent. 2. As per the averment in the writ petition, petitioners 1 and 2 are husband and wife, the 3rd writ petitioner is their daughter, and respondent No.5 is the daughter in law of petitioners 1 and 2 who is residing along with them. The 5th respondent along with respondent Nos.6 to 8 had created a scene at the home and brutally manhandled petitioners 1 and 2. In the said circumstance petitioners approached the 4th respondent and filed a complaint, and as no action was taken on the same, Ext.P2 complaint was preferred before the District Police Chief. Alleging inaction on the part of the police authorities that the present writ petition has been filed. 3. The learned Counsel appearing for respondents 5 to 8 though did not file any counter affidavit upon instructions submitted that the allegations in the writ petition are false and that they have absolutely no intention to cause any threat to the life of the petitioners. The said submission is recorded. WP(C) No. 14278 of 20 22 - 4 - \ 2025:KER:28522 4. The learned Government Pleader upon instructions submitted that there are matrimonial disputes between the parties, and that at present there is no law and order situation. Taking into consideration the above facts and circumstances, and also taking into consideration the age of 1st and 2nd petitioners, I am inclined to dispose of the writ petition as follows:- In case of any threat to life from the side of respondents 5 to 8 petitioners will be free to make necessary complaint before the 4th respondent who shall take necessary and appropriate action in accordance with law. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 14278 of 20 22 - 5 - \ 2025:KER:28522 APPENDIX OF WP(C) 14278/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.208/2019 OF POOYAPPALLY SUB REGISTRAR OFFICE, KOLLAM EXECUTED BY THE 5TH RESPONDENTS HUSBAND IN FAVOUR THE 3RD PETITIONER DATED 25.02.2019 Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 13.03.2022 FILED BY THE PETITIONERS TO THE 3RD RESPONDENT/DISTRICT POLICE CHIEF Exhibit P3 TRUE COPY OF THE DEPOSITION OF 5TH RESPONDENT (PW-1) IN M.C. NO. 28/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKKARA DATED 5/11/2024