Writ petitioner sought protection under Article 226 from alleged threats by neighboring relatives in a property dispute. Petitioners claimed apprehension of physical harm. Court recorded undertakings from respondents not to commit culpable acts and that police would act if threatened. Petition dismissed based on these submissions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933
WP(C).No. 11159 of 2011(T)
---------------------------------------
PETITIONER:
-------------------
USHAKUMARI, AGED 39 YEARS, W/O. LATE SAJI,KUZHIPPATHALIL HOUSE, EDAKKULAM.P.O EDAKKULAM MURI, VADASSERIKKARA VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.C.B.SREEKUMAR.
2. CIRCLE INSPECTOR OF POLICE, VADASSERIKKARA – 695 573.
3. SUB INSPECTOR OF POLICE, RANNI – 695 632.
4. SARASAMMA, KUZHIKKALAYIL HOUSE, EDAKKULAM.P.O, EDAKKULAM MURI, VADASSERIKKARA VILLAGE, PATHANAMTHITTA DISTRICT – 695 573.
5. REKHA PRASAD, EDAKKULAM.P.O, EDAKKULAM MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA DISTRICT – 695 573.
R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 & R5 BY ADVS. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.11159/2011-T:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE ORDER OF TEMPORARY INJUNCTION IN I.A. NO. 824/2010 IN O.S. NO.141/2010 DTD. 31/07/2010.
EXT.P.2: COPY OF THE PETITION DTD. 03/11/2011 SUBITTED BY THE PETITINER BEFORE THE R.2.
EXT.P.3: COPY OF THE PETITION DTD. 08/11/2010 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
R.BASANT & K.SURENDRA MOHAN, JJ.
***************************
**W.P(C) No.11159 of 2011-T *******************************
Dated this the 31st day of May, 2011
JUDGMENT
BASANT, J.
Petitioner, a 39 year old woman, has come to this Court seeking directions under article 226 of the Constitution of India to respondents 2 and 3, who are police officials under the 1st respondent State, against apprehended illegal acts from respondents 4 and 5, who according to the petitioner, are causing threat to her life.
2
W.P(C) No.11159 of 2011-T
“to afford protection for the life of the
petitioner against any culpable or
contumacious acts on the part of respondents 4 and 5.”
W.P(C) No.11159 of 2011-T 3
respondents 4 and 5 by the petitioner, points out the learned counsel for respondent No.4.
We are not persuaded to agree that there is need to issue any specific directions under Article 226 of the Constitution of India. We record and accept the submission/undertaking of respondents 4 and 5 through their counsel that they shall not indulge in any contumacious or culpable act against the petitioner herein. We further record the submission of the learned Government Pleader that if there be any such attempt, the petitioner shall be at liberty to complain to the 3rd respondent, who shall thereupon take appropriate action in accordance with law.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
rtr/
2 issues framed by the court
Whether specific directions under Article 226 are necessary to protect the petitioner from alleged physical harm by neighboring relatives in a property dispute where undertaking is given.
Whether an undertaking from respondents not to commit contumacious or culpable acts is sufficient to dismiss the writ petition seeking protection of life and person.
USHAKUMARI
STATE OF KERALA
CIRCLE INSPECTOR OF POLICE, VADASSERIKKARA
SUB INSPECTOR OF POLICE, RANNI
SARASAMMA
REKHA PRASAD
R.BASANT
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
