Kerala High Court
Unnikrishnan vs The Superintendent Of Police on 6 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:9852
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
WP(C) NO. 40352 OF 2024
PETITIONER:
UNNIKRISHNAN
AGED 38 YEARS
/O RAJAN, PALATHADATHIL MELATHIL, IDAKKAD MURI,
PORUVAZHY P. O., KUNNATHUR, KOLLAM, PIN - 690520
BY ADV ATHUL M.V.
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
KOLLAM RURAL, OFFICE OF THE SUPERINTENDENT OF
POLICE, KOTTARAKKARA, KOLLAM, PIN - 691506
2 THE DEPUTY SUPERINTENDENT OF POLICE
SASTHAMCOTTA POLICE STATION, MANAKKARA,
SASTHAMCOTTA P.O, KOLLAM, PIN - 690521
3 THE STATION HOUSE OFFICER
SOORANAD POLICE STATION, SOORANADU P. O, KOLLAM,
PIN - 690520
4 OMANA
D/O THANKAMMA PALATHADATHIL MELATHIL, MOOVAKKOD
COLONY, EDAKKAD MURI, PORUVAZHI P.O, KOLLAM,
PIN - 682021
5 THANKAMMA
PALATHADATHIL MELATHIL, EDAKKAD MURI, PORUVAZHI P.O,
KOLLAM, PIN - 682021
6 AMALENDU
W/O ARUN, PALATHADATHIL MELATHIL, EDAKKAD MURI,
PORUVAZHI P.O, KOLLAM, PIN - 682021
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7 ARUN
PALATHADATHIL MELATHIL, EDAKKAD MURI, PORUVAZHI P.O,
KOLLAM, PIN - 682021
8 SIVANANDAN
SIVALAYAM, EDAKKAD MURI, PORUVAZHI P.O, KOLLAM,
PIN - 682021
9 KICHU
THULASI VILASAM, EDAKKAD MURI, PORUVAZHI P.O,
KOLLAM, PIN - 682021
0 VISHNU
S/O VISWAMBHARAN, SUBHASHINI BHAVANAM, MOOVAKKOD
COLONY, EDAKKAD MURI, PORUVAZHI P.O, KOLLAM,
PIN - 682021
11 ABHILASH
S/O SASIDHARAN, ABHILASH BHAVANAM, MOOVAKKOD COLONY,
EDAKKAD MURI, PORUVAZHI P.O, KOLLAM, PIN - 682021
12 RATHEESH,
S/O. WILSON, PALATHADATHIL, MOOVAKKOD COLONY,
EDAKKAD MURI, PORUVAZHI P.O, KOLLAM, PIN - 682021
13 LINU,
S/O. LEELA, KANNANKARA CHARUVILA, MOOVAKKOD COLONY,
EDAKKAD MURI, PORUVAZHI P.O, KOLLAM, PIN - 682021
14 RAJESH,
S/O. THULASI, THULASI VILASAM, MOOVAKKOD COLONY,
EDAKKAD MURI, PORUVAZHI P.O, KOLLAM, PIN - 682021
BY ADV T.U.SUJITH KUMAR
GP SRI AJITH VISWANATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 6th day of February, 2025 The writ petition is filed, inter alia, to direct the respondents 1 to 3 to remove the respondents 6 and 7 from the petitioner's residential building covered by Ext.P1 tax receipt.
2. The petitioner is the husband of the 4th respondent. The 6th respondent is the child born to the 4 th respondent in her previous marriage and the 5 th respondent is the mother of the 4th respondent. The marital relationship between the petitioner and the 4 th respondent is strained. Before the relationship turned sour, the petitioner had purchased the property of the 5 th respondent. However, on humanitarian grounds, he permitted the 5th respondent to reside in his house for three months. After the expiry of the agreed period, the 5th respondent has refused to vacate the house. The petitioner has filed O.S No.159/2015 before the Court of the Munsiff Sasthamkotta, to evict the 5th respondent. While so, the 6th respondent has got the petitioner falsely WP(C) NO. 40352 OF 2024 4 2025:KER:9852 implicated in a crime. By Ext.P4 order, this Court had enlarged the petitioner on bail. Meanwhile, the 6 th respondent eloped with the 7th respondent and has started living in the petitioner's house, without any legal right. The 4th respondent has also secured Ext.P7 protection order against the petitioner. Even though the petitioner has filed a complaint before the Police, the respondents 6 and 7 have not been evicted from the property. The inaction on the part of the police is arbitrary. Hence the writ petition.
3. The 4th respondent has filed a counter affidavit refuting the allegations in the writ petition. She has stated that the petitioner had purchased the property from her mother by perpetrating fraud on her. The petitioner has meted out domestic violence on the 4 th respondent. It is suppressing all these aspects, the writ petition is filed. Hence, the writ petition may be dismissed.
4. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 4th respondent.
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5. The learned Government Pleader submitted that, in Ext.P4 order passed by this Court, there is a specific condition that the petitioner shall not contact or intimidate the 6th respondent. The 6th respondent is currently residing in the petitioner's house. Similarly, Ext.P7 order has been passed in favour of the 4 th respondent granting her a right to reside in the petitioner's residence. The dispute between the petitioner and the party respondents is civil in nature. The police have no role to play in the said matter.
6. In Padmanabhan N V. State of Kerala (2024 KHC Online 7177), the Division Bench of this Court has held as follows:
"6. Police protection cannot be asked for issues that fall within the jurisdiction of civil courts, particularly when it involves resolving private disputes between parties. It is well established in law that civil rights must be adjudicated by competent civil courts. The enforcement of civil court orders should be carried out in accordance with the procedures outlined in the Code of Civil Procedure, 1908, or any relevant statute that establishes the appropriate forums for such matters.
xxx xxx xxx
8. Seeking and employing a police force cannot be a means to sidestep the need for dispute resolution in competent courts. Invariably, such directions are sought invoking Article 226 of the Constitution of India."WP(C) NO. 40352 OF 2024 6
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7. On an analysis on the pleadings and the materials on record and the fact that Ext.P7 order is passed against the petitioner and further that the dispute between the parties is civil in nature, I am not inclined to exercise the discretionary jurisdiction of this Court under Article 226 of the Constitution of India in favour of the petitioners.
Resultantly, the writ petition is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law.
Sd/- C.S.DIAS, JUDGE AJ WP(C) NO. 40352 OF 2024 7 2025:KER:9852 APPENDIX OF WP(C) 40352/2024 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.04.2024 ISSUED IN RESPECT OF THE PETITIONER'S PROPERTY Exhibit P-2 A TRUE COPY OF THE PLAINT IN O. S. NO.
159/2015 ON THE FILE OF THE MUNSIFF'S COURT, SASTHAMKOTTA Exhibit P-3 A TRUE COPY OF THE ORDER DATED 27.06.2015 IN I. A. NO. 736 OF 2015 IN O. S. NO. 159 OF 2015 OF THE MUNSIFF'S COURT, SASTHAMKOTTA Exhibit P-4 A TRUE COPY OF THE INTERIM ORDER DATED 31.05.2024 IN CRL. M. A. NO. 1/2021 IN CRL. A. NO. 244/2021 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P-5 A TRUE COPY OF THE PETITION DATED 09.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-6 A TRUE COPY OF THE PRINTOUT OF THE MAIL SENT TO THE 3RD RESPONDENT TO THE PETITIONER Exhibit P-7 A TRUE COPY OF THE ORDER DATED 11.06.2024 IN C.M.P NO. 1295/2024 IN M.C NO. 25/2024 ON THE FILE OF THE JFCM COURT-II SASTHAMCOTTAH Exhibit P-8 A TRUE COPY OF THE O.P TICKET ISSUED FROM THE DISTRICT HOSPITAL, KOLLAM ISSUED TO THE PETITIONER Exhibit P-9 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P-10 A TRUE COPY OF THE COMPLAINT DATED 15.10.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P-11 A TRUE COPY OF THE PRINTOUT OF THE EMAIL SENT BY THE PETITIONER WP(C) NO. 40352 OF 2024 8 2025:KER:9852 RESPONDENT EXHIBITS EXHIBIT-R4(A) A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED ON 09.03.2022 BY THE LOCAL REGISTRAR OF MARRIAGES (COMMON), PORUVAZHI GRAMA PANCHAYAT.