Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945 WP(C) NO. 24869 OF 2023 PETITIONER/S:
ANU BYJU,AGED 53 YEARS, W/O BYJU P JOSE, NOW RESIDING AT TOWER THREE, APARTMENT NO.19, TRITWAM, CHATHIYATH ROAD, KOCHI, PIN - 682025 BY ADVS.
G.HARIHARAN V.R.SANJEEV KUMAR BIJOY SAM GEORGE RESPONDENT/S:
1 EVANS BYJU, S/O BYJU P JOSE, AGED - 30 YEARS,RESIDING AT TOWER THREE, APARTMENT NO.19,TRITWAM, CHATHIYATH ROAD, KOCHI, PIN - 682025 2 NIKITHA SUSAN PAULSON, W/O EVANS BYJU, AGED - 28 YEARS, RESIDING AT TOWER THREE, APARTMENT NO.19, TRITWAM, CHATHIYATH ROAD, KOCHI, PIN - 682025 3 STATION HOUSE OFFICER, ERNAKULAM NORTH POLICE STATION, CHITTOOR ROAD, ERNAKULAM, PIN - 682018 4 STATION HOUSE OFFICER, CENTRAL POLICE STATION, KOMBARA, ERNAKULAM, PIN - 682031 5 CITY POLICE CHIEF, ERNAKULAM CITY, REVENUE TOWER, BOAT JETTY JUNCTION, ERNAKULAM DISTRICT, PIN - 682011 BY ADVS.
Aswin Gopakumar AG CHINCY GOPAKUMAR(C-80) ANWIN GOPAKUMAR(606/2004) SARANYA BABU(KAR/2448/2015) MAHESH CHANDRAN(K001557/2019) ADITYA VENUGOPALAN(KAR/1455/2018) SHALLET K. SAM(K/314/2023) OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2- W.P.(C). No.24869 of 2023 P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 24869 of 2023 ============================================================= Dated this the 4th day of August, 2023 JUDGMENT The above writ petition is filed with following prayers:
“i. Issue a writ of mandamus or any other appropriate writ or order commanding the 4th respondent to provide proper and adequate police protection to the life and property of the petitioner in view of the threat made by the 1st and 2nd respondents.
ii. Issue a writ of mandamus or any other appropriate writ or order commanding the 3rd respondent to consider and take follow up action on Exhibit.P4 complaint made by the petitioner against the 1st and 2nd respondents without any further delay.
iii. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. And iv. To pass such other orders or reliefs as this Hon’ble court deems fit in the interest of justice.” (sic) 2.
The main prayer in this writ petition is to issue appropriate direction to the 4th respondent to provide proper and adequate police protection to the life and property of the petitioner.
-3- W.P.(C). No.24869 of 2023 3.
A detailed counter affidavit is filed by the 1st respondent denying all the averments in this writ petition. The Government Pleader submitted that the 4th respondent enquired with the matter and found that the allegations raised in this writ petition are not correct. I do not want to make any observation about the same. A lady is coming before this Court stating that there is threat to her life from her own son. The counsel appearing for the 1st and 2nd respondents submitted that there is absolutely no threat to the life of the petitioner.
The same is recorded. If there is any apprehension of danger to the life of the petitioner in future, the petitioner is free to approach the jurisdictional Station House Officer and the jurisdictional Station House Officer will do the needful to see that the life of the petitioner is protected. All other contentions of the petitioner and party respondents are left open.
With the above observation, this writ petition is disposed of.
sd/- P.V.KUNHIKRISHNAN JUDGE das
-4- W.P.(C). No.24869 of 2023 APPENDIX OF WP(C) 24869/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION VIDE TIN.NO.32071694354C DATED 11.05.2007 ISSUED IN THE NAME OF THE PETITIONER'S HUSBAND BYJU.P.JOSE AS THE MANAGING PARTNER OF M/S.J.C. NYLONS Exhibit P2 A TRUE COPY OF THE LATEST STATEMENT OF ACCOUNT AS ON 11.07.2023 ISSUED BY M/SAXIS BANK RELATING TO THE LOAN ACCOUNT NO.PHR008101802546 MAINTAINED BY THE PETITIONER AND HER HUSBAND RELATING TO TRITVAM APARTMENT IN TOWER THREE APARTMENT NO.3 AT CHATHIYATH ROAD, NEAR MARINE DRIVE, ERNAKULAM Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE HEALTH INSPECTOR AND REGISTRAR OF BIRTHS AND DEATHS, MARADU MUNICIPALITY ON 22.10.2022 Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 07.01.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 06.03.2023 ISSUED BY M/S.SREE SUDHEENDRA MEDICAL MISSION HOSPITAL IN FAVOUR OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30.03.2023 ISSUED BY M/S.
PRAKRITHE AYURVEDA HOSPITAL& RESEARCH CENTRE PVT. LTD AT MANJUMMAL, EDAPPALLY Exhibit P7 A TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE DAMAGES CAUSED TO THE PERSONAL BELONGING OF THE PETITIONER Exhibit P8 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.78455316 DATED 09.06.2023 ISSUED BY THE TAHSILDAR, KANAYANNUR TALUK CERTIFYING THE NAME OF THE PETITIONER AND HER SON AS THE LEGAL HEIRS AND LATE BYJU.P.JOSE Exhibit P9 A TRUE COPY OF THE WRITTEN REQUEST DATED 27.06.2023 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT
-5- W.P.(C). No.24869 of 2023 RESPONDENT EXHIBITS Exhibit R1 (a) A true copy of the lease agreement dated 28.02.2023 entered into by my mother PETITIONER EXHIBITS Exhibit P10 A TRUE COPY OF THE GST CERTIFICATE NO.32AACFJ0631QIZG DATED 23.03.2022 ISSUED BY THE SUPERINTENDENT TAX PAYER SERVICES CIRCLE, ERNAKULAM NORTH, GOODS AND SERVICE TAX DEPARTMENT RESPONDENT EXHIBITS Exhibit R1 (b) A true copy of invoice dated 22.12.2021 issued by Wall frames, Ernakulam to me Exhibit R1 (c) A true copy of the invoice dated 23.12.2021 issued by Cedar to me Exhibit R1 (d) A true copy of the photographs evidencing birthdays, Onam and Christmas celebrations from the year 2021 Exhibit R1 (e) A true copy of the uber receipt evidencing the said trip on 02.10.2022 from Kottayam to Lakeshore Hospital Exhibit R1 (f) A true copy of the video recording of the incident on 18.11.2022 at our shop Exhibit R1 (g) A true copy of the rental agreement dated 15.11.2022 entered with M/s. Emar Group evidencing payment of Rs.
74,250/- (Rupees Seventy-Four Thousand Two Fifty Only) to the Petitioner Exhibit R1 (h) A true copy of the photographs of celebration on 14.08.2022