Ajanthakumari v. State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942** **W.P.(C) No.21337 OF 2020(N)** ## **PETITIONER/S:** **AJANTHAKUMARI, AGED 60 YEARS, D/O. BHARGAVI AMMA, UTHRADAM, KOLLAMKONAM, PAZHAKUTTY P.O., VENGAVILA, NEDUMANGAD, THIRUVANANTHAPURAM-695 561.** **BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V. SMT.ELSA DENNY PINDIS** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**HOME DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**DISTRICT POLICE CHIEF,**| ||**OFFICE OF THE DISTRICT POLICE CHIEF,**| ||**THIRUVANANTHAPURAM RURAL, PALAYAM,**| ||**THIRUVANANTHAPURAM-695 033.**| |**3**|**THE DEPUTY SUPERINTENDENT OF POLICE,**| ||**OFFICE OF THE DY.SUPERINTENDENT OF POLICE,**| ||**NEDUMANGAD, THIRUVANANTHAPURAM-695 541.**| W.P.(C) No.21337 OF 2020(N) 2 - **4 THE STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM-695 541.** - **5 CHANDRASEKHARAN NAIR, S/O. NARAYANA PILLAI, UTHRADAM, KOLLAMKONAM, PAZHAKUTTY P.O., VENGAVILA, NEDUMANGAD, THIRUVANANTHAPURAM-695 561.** - **6 RAJASEKHARAN NAIR, S/O. NARAYANA PILLAI, KRISHNAVILASAM, VENGAVILA, IRIMPAYAM P.O., ANAAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM-695 561.** - **7 SHIRIL SHEERAJ NARAYANAN, S/O. RAJASEKHARAN NAIR, KRISHNAVILASAM,VENGAVILA, IRIMPAYAM P.O., ANAAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM-695 561.** **R1-R4 BY GOVERNMENT PLEADER** ## **OTHER PRESENT:** ## **SRI P.P.THAJUDHEEN -SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.21337 OF 2020(N) 3 ## **JUDGMENT** The petitioner is the wife of the 5[th] respondent. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 4 to provide adequate and effective Police protection to the life and property of the petitioner from respondents 5 to 7. Respondents 6 and 7 are the brother and nephew respectively of the 5[th] respondent. There are certain disputes between the petitioner and the 5[th] respondent relating to immovable properties and going by the averments in the writ petition, respondents 6 and 7 are supporting the 5[th] respondent. The petitioner made Ext.P2 complaint dated 13.04.2020 before the 3[rd] respondent, which was followed by the Ext.P4 complaint dated 27.08.2020 and thereafter, she moved this writ petition before this Court, seeking the aforesaid relief. 2. On 09.10.2020, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 to 4 and sought time to get instructions. Urgent notice by speed post was ordered to respondents 5 to 7. This Court by order dated 09.10.2020 directed the 4[th] respondent to strictly ensure that no physical harm is caused to the petitioner, by W.P.(C) No.21337 OF 2020(N) 4 respondents 5 to 7. 3. On 21.10.2020, when this writ petition came up for consideration, Adv.Sri.Shyamnath entered appearance for 5 to 7 and sought time to file counter affidavit. The learned Government Pleader was directed to get instructions from respondents 3 and 4 and to file a statement on behalf of the 4[th] respondent. 4. On 04.11.2020, Registry was directed to verify whether any vakalath has been filed on behalf of respondents 5 to 7. 5. Registry has reported that no vakalath is seen file for respondents 5 to 7. 6. A statement has been filed by the learned Senior Government Pleader, on behalf of the 3[rd] respondent Deputy Superintendent of Police. Paragraph 2 to 4 of the said statement reads thus: “2. It is submitted that the actual dispute between the parties is the difference of opinion between the husband and wife. Their son died involved in a road accident and the petitioner's grievance is that the attitude of the husband changes after the incident. It is alleged that the husband started physical harassment under the influence of drinks. It is further alleged that the gold and other belongings of the petitioner were sold and the money was used for the purpose of the husband. W.P.(C) No.21337 OF 2020(N) 5 Moreover it is alleged that the husband is tying to oust the petitioner from the residential building and to sell the house to the 7[th] respondent, who is none other than the son of his brother. 3. The petitioner approached the Honourable Judicial First Class Magistrate Court and obtained order of protection under the Protection of Women from Domestic Violence Act. It is submitted that the petitioner has filed a complaint on 27.08.2020 before the Deputy Superintendent of Police, Nedumangad alleging mental and physical threat from the part of her husband and his brother's son and further the threat of dispossession from the residential house. The husband and his men were summoned to the office and they were strictly and specifically warned that stringent action will be taken if there is any violation of the order passed by the Honourable Magistrate Court. The husband was insisted to abstain from any action to vacate the petitioner from the residential house. It is further advised the parties to approach Civil Court for the redressal of civil disputes. 4. On enquiry it is revealed that there is difference of opinion between the husband and wife with regard to the transfer of property and house situated therein. The petitioner wishes to transfer the same to the daughter of her sister and the husband want to transfer it to his brother's son. At present the husband is residing at his brother's house and there is no physical threat to the petitioner as alleged. The police can provide all assistance and help to the petitioner from the alleged threat for the party respondents.” W.P.(C) No.21337 OF 2020(N) 6 7. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to 4. 8. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with W.P.(C) No.21337 OF 2020(N) 7 the law. 9. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 10. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti** ## **Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 11. Having perused the pleadings and materials on record and also the submission made by the learned counsel for the W.P.(C) No.21337 OF 2020(N) 8 petitioner and also the learned Senior Government Pleader, this Court finds that there are certain disputes between the petitioner and the 5[th] respondent, in respect of certain immovable properties. The petitioner has already obtained an order of protection under the provision of the Protection of Women from Domestic Violence Act. Based on a complaint filed by the petitioner on 27.08.2020, alleging mental and physical threat from respondents 5 and 7 and also the threat of dispossession from the residential building, respondents 5 to 7 were summoned to the Police Station and they were strictly warned that stringent action will be taken, if there is any violation of the protection order passed by the Judicial First Class Magistrate Court. In such circumstances, this writ petition is disposed of by directing the 4[th] respondent to take necessary steps to ensure that no physical harm is caused to the petitioner by respondents 5 to 7. The 4[th] respondent shall also take necessary steps to maintain law and order in that locality. In case of any threat to the life or property of the petitioner from the hands of respondents 5 to 7, the petitioner shall approach the 4[th] respondent Station House Officer with a request for Police protection, in which event the 4[th] W.P.(C) No.21337 OF 2020(N) 9 respondent shall take necessary action on that request, without any delay. **Sd/-** **ANIL K. NARENDRAN JUDGE** MIN W.P.(C) No.21337 OF 2020(N) 10 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF ORDER DTD 07.01.2020 IN C.M.P.NO.161 OF 2020 IN M.C NO.2 OF 2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, NEDUMANGAD** **EXHIBIT P2 TRUE COPY OF COMPLAINT DTD 13.04.2020 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT** **EXHIBIT P3 TRUE COPY OF RECEIPT DTD 13.04.2020 ISSUED FORM 2ND RESPONDENT'S OFFICE EXHIBIT P4 TRUE COPY OF COMPLAINT DTD 27.08.2020 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT** **EXHIBIT P5 TRUE COPY OF RECEIPT DTD 29.08.2020 ISSUED FROM 2ND RESPONDENT'S OFFICE**