WP(C) NO. 28470 OF 2024 1 2025:KER:25795 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 28470 OF 2024 PETITIONER: KUNJUMOL AGED 64 YEARS, W/O LATE SANKARAN. THEKKE PURAKKAL, VTC CHALISSERY P.O THANNEERCODE, OTTAPPALAM, PALAKKAD, PIN - 679536 BY ADVS. SRI.RAMEEZ NOOH SMT.FATHIMA K. SMT.AMIN ALI ASHRAF RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SUB COLLECTOR MAINTENANCE TRIBUNAL & SUB COLLECTOR’S OFFICE, RDO OFFICE,OTTAPALAM,PALAKKAD, PIN - 679101 3 DEPUTY SUPERINTENDENT OF POLICE SHORANUR, OFFICE OF THE DYSP,SHORANUR, SHORANUR, KERALA, PIN - 679121 4 THE CIRCLE INSPECTOR CHALISSERY SOUTH POLICE STATION, PALAKKAD, PIN - 679536 5 THE STATION HOUSE OFFICER CHALISSERY SOUTH POLICE STATION, PALAKKAD, PIN - 679536 6 SUBRAHMANYAN S/O SHANKARAN THEKKE PURAKKAL, VTC CHALISSERY P.O THANNEERCODE, OTTAPPALAM, PALAKKAD, PIN – 679536 BY SRI.AJITH VISWANATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28470 OF 2024 2 2025:KER:25795 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the respondents 3 to 5 to afford adequate police protection to the life of the petitioner from the threats of the 6th respondent, his wife and their men. 2. The petitioner is a senior citizen. The 6th respondent is her son. The petitioner is the owner in possession of the property covered by Ext.P1 Patta. Due to the continuous harassment from the 6th respondent, the petitioner has filed a complaint before the 2nd respondent invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The 2nd respondent had passed Ext.P4 order, on a consensus arrived at between the petitioner and the 6th respondent, wherein the 6th respondent agreed to vacate from the petitioner’s house. Despite the said order, the 6th respondent has refused to vacate from the house. WP(C) NO. 28470 OF 2024 3 2025:KER:25795 Consequently, the petitioner again approached the 2nd respondent, who has passed Ext.P6 order, directing the 5th respondent to afford adequate police protection to the petitioner. Notwithstanding Ext.P6 order, the 5th respondent is not affording adequate police protection to the petitioner. Hence, the writ petition. 3. The 5th respondent has filed a statement, inter alia, contending that, subsequent to the passing of Ext.P6 order, the 6th respondent’s wife has filed M.C.No.73/2024 before the Judicial First Class Magistrate Court, Pattambi, and Annexure R5(a) residence order is passed in favour of the 6th respondent’s wife and children, who are permitted to reside in the petitioner’s house. Therefore, the petitioner’s prayer that, the 6th respondent, his wife and children may be evicted from the petitioner‘s house, cannot be permitted as long as Annexure R5(a) is in force. Hence, the writ petition may be dismissed. WP(C) NO. 28470 OF 2024 4 2025:KER:25795 4. Heard; the learned counsel for the petitioner and the learned Government Pleader. Even though, notice has been served on the 6th respondent, there is no appearance for him. 5. On a consideration of the materials on record, it is evident that the 6th respondent has agreed to vacate from the petitioner’s house as per Ext.P4 proceedings. Subsequently, the 2nd respondent had passed Ext.P6 order, directing the 5th respondent to afford adequate police protection to the petitioner from any interference from the 6th respondent. It is after the passing of Ext.P6 order that Annexure R5(a) order has been passed in favour of the 6th respondent’s wife and children, permitting them to reside in the house of the petitioner. 6. In the above conspectus, I am of the view that the petitioner’s prayer to direct the 5th respondent to afford adequate police protection to evict the 6th WP(C) NO. 28470 OF 2024 5 2025:KER:25795 respondent, his wife and children cannot be permitted in its entirety because of Annexure R5(a) order. In the aforesaid circumstances, I direct the 5th respondent to afford adequate police protection to the life of the petitioner from any threats being caused by the 6th respondent. However, the 5th respondent shall not prevent the petitioners in Annexure R5(a) order from residing in the petitioner's house as long as the said order is in force. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 28470 OF 2024 6 2025:KER:25795 APPENDIX OF WP(C) 28470/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PATTA NO. H1- 2010/3047/9/400(4) ISSUED IN THE MONTH JULY 2012 BY THE TAHSILDAR, OTTAPALAM TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COMPLAINT DTD. 25.01.2017 GIVEN BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 14.12.2022 ALONG WITH ITS ACKNOWLEDGMENT EXHIBIT P4 TRUE COPY OF THE ORDER DTD. 17.04.2023 PASSED BY THE 2ND RESPONDENT . EXHIBIT P5 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 24.06.2023 ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT . EXHIBIT P6 TRUE COPY OF THE LETTER OF COMMUNICATION DATED 12.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. RESPONDENT ANNEXURES ANNEXURE R5(a) TRUE COPY OF ORDER IN CMP 4264/2024 IN MC NO.73/2024 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI