Kerala High Court
J.Maya vs State Of Kerala on 31 December, 2019
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(C).No.35961 OF 2019(U)
PETITIONER:
J.MAYA, PUTHENPURAYIL,
DHANUVACHAPURAM,NADOORKOLLA,
KOLLAYIL,TRIVANDRUM-695502.
BY ADV. SMT.K.P.SANTHI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HOME DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 SUPERINTENDENT OF POLICE, DISTRICT POLICE
OFFICE,THIRUVANANTHAPURAM RURAL,
TRIVANDRUM-695001.
3 DEPUTY SUPERINTENDENT OF POLICE,
NEYYATINKARA,TRIVANDRUM-695121.
4 CIRCLE INSPECTOR OF POLICE,
PARASSALA POLICE STATION,TRIVANDRUM-695001.
5 SUB INSPECTOR OF POLICE,
PARASSALA POLICE STATION,THIRUVANANTHAPURAM-695001.
6 PRAKASH, SON OF JAPAMANI,KALALALAYAM,NELLIMOOTTIL,
KANJIRAMKULAM,TRIVANDRUM-695524,NOW RESIDING AT
PUTHENPURAYIL,DHANUVACHAPURAM,NADOORKOLLA,KOLLAYIL,TR
IVANDRUM-695502.
7 NEETHARANI,
WIFE OF PRAKASH,KAMALALAYAM,
NELLIMOOTTIL,KANJIRAMKULAM,TRIVANDRUM-695524,NOW
RESIDING AT PUTHENPURAYIL,
DHANUVACHAPURAM,NADOORKOLLAM,
KOLLAYIL,TRIVANDRUM-695502.
SMT. PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.35961 OF 2019(U) 2
JUDGMENT
This Court by Ext.P4 judgment dated 10/06/2019 directed the respondents 4 and 5 to render adequate protection to the petitioner, if there is any harassment against her by the respondents 6 and 7. The said judgment is in force.
2. The petitioner has filed the present writ petition, alleging that the respondents 6 & 7 are continuing to harass her.
3. The Hon'ble Supreme Court in Commissioner, Karnataka Housing Board v. C.Muddaiah [(2007)7 SCC
689), has held that once a direction is issued by a competent Court, the authority is bound to abide by the direction without any reservation. If an order passed by court of law is not complied with or is ignored, the remedy of the petitioner is to institute contempt of court proceedings and not file a fresh writ petition. In view of the fact that Ext.P4 judgment is still in force, there is no WP(C).No.35961 OF 2019(U) 3 circumstances warranting the filing of a fresh writ petition for the same cause of action. In view of the above observations this writ petition is dismissed, without prejudice to the right of the petitioner to seek appropriate remedies under the Contempt of Courts Act, as against the persons who have wilfully disobeyed the directions of this Court in Ext.P4 judgment.
Sd/-
C.S.DIAS JUDGE msp WP(C).No.35961 OF 2019(U) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIR NO.861 OF 2017 OIF PARASSALA POLICE STATION EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 9.4.2019 SUBMITTED TO THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 11.4.2019 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 10.06.2019 IN W.P(C)NO.13345 OF 2019 OF THIS HONOURABLE COURT.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 16.6.2019 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 14.12.2019 SUBMITTED TO THE 3RD RESPONDENT. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE