W.P.(C).No.15051/2025 1 2025:KER:31117 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 15051 OF 2025 PETITIONERS: 1 PEETHAMBARAN AGED 77 YEARS THOLIYIL HOUSE, AMBEDKAR ROAD, VENNALA P. O., ERNAKULAM, PIN - 682028 2 BABY AGED 71 YEARS W/O. PEETHAMBARAN THOLIYIL HOUSE, AMBEDKAR ROAD, VENNALA P. O., ERNAKULAM, PIN - 682028 BY ADV K.P.PRASANTH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM, PIN - 695001 2 DIRECTOR GENERAL OF POLICE STATE POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 3 THE ASSISTANT COMMISSIONER OF POLICE LAW AND ORDER THEVARA, ERNAKULAM, PIN - 682015 4 THE STATION HOUSE OFFICER PALARIVATTOM POLICE STATION, ERNAKULAM, KERALA., PIN – 682025 W.P.(C).No.15051/2025 2 2025:KER:31117 5 SAJEENA T.S AGED 37 YEARS W/O SUJITH T.P., THOLIYIL HOUSE, AMBEDKAR ROAD, VENNALA P.O.. ERNAKULAM, PIN - 682028 6 SUJITH T.P AGED 37 YEARS S/O PEETHAMARAN, THOLIYIL HOUSE. AMBEDKAR ROAD, VENNALA P. O.. ERNAKULAM, PIN - 682028 SMT.SREEJA V., SR. PP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.15051/2025 3 2025:KER:31117 JUDGMENT The petitioners are husband and wife. They are senior citizens. The 6th respondent is the son and the 5th respondent is the daughter in law of the petitioners. The petitioners along with the respondents 5 and 6 were residing in the building allegedly owned by the petitioners. According to the petitioners, the respondents 5 and 6 obtained a protection order against them from the Judicial First Class Magistrate Court-IX, Ernakulam and pursuant to the said order, they were ousted from the home. It is their case that when they left the home, they kept their valuables in a room and locked it. However, in their absence, respondents 5 and 6 broke open the lock and took their valuables. The petitioners gave Ext.P2 complaint before the 4th respondent in this regard. The grievance of the petitioners is that, the 4th respondent is not taking any action on Ext.P2. It is in these circumstances, the petitioners have approached this Court to direct the 4th respondent to conduct enquiry into Ext.P2 and take appropriate action. 2. I have heard the learned counsel for the petitioners and the learned Senior Public Prosecutor Smt. Sreeja. 3. The learned Prosecutor handed over the statement of facts filed by the 4th respondent. In the said statement it is stated that in the enquiry conducted, it could not W.P.(C).No.15051/2025 4 2025:KER:31117 be concluded whether the petitioners kept the valuables in one of the rooms and those were taken away by the respondents 5 and 6. However, the 4th respondent is of the view that a detailed enquiry need to be conducted. Hence, this writ petition is disposed of with a direction to the 4th respondent to conduct a detailed enquiry on Ext.P2 in accordance with law. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp W.P.(C).No.15051/2025 5 2025:KER:31117 APPENDIX OF WP(C) 15051/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 20/02/2025 PASSED BY LD. JFCM COURT- IX AT ERNAKULAM IN M.C NO. 4/2025 Exhibit-P2 TRUE COPY OF THE COMPLAINT DATED 02/04/2025 FILED BY THE PETITIONERS BEFORE THE RESPONDENT NO. 4 Exhibit-P3 TRUE COPY OF ITS ACKNOWLEDGEMENT DATED 02/04/2025 Exhibit-P4 TRUE COPY OF THE COMPLAINT DATED 03/04/2025 FILED BY THE PETITIONERS BEFORE THE RESPONDENT NO. 3 Exhibit-P5 TRUE COPY OF ITS ACKNOWLEDGEMENT DATED 03/04/2025