Disposed

Varghese v. State of Kerala

Kerala HC9 Oct 2014WP(C)/24789/2014

Case brief

AI extract

What is this about?

The High Court issued notice to the fourth respondent, dispensing with personal appearance, and directed the police to maintain law and order and act on cognizable offences if reported, while reserving the fourth respondent's right to seek a rehearing.

What did the court decide?

Police directed to maintain law and order and act on cognizable offences; protection to be considered for real threats to life.

Varghese Vs State of Kerala — Domestic Violence | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

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THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 9TH DAY OF OCTOBER 2014/17TH ASWINA, 1936

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WP(C).No. 24789 of 2014 (W)

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PETITIONER:

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VARGHESE, AGED 33 YEARS S/O. SATHYNATHAN, RESIDING AT HOUSE VIII/276 VELLAKKALLEL HOUSE, SURYANELLI P.O. CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK IDUKKI DISTRICT.

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BY ADV. SRI.N.M.VARGHESE

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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SUPERINTENDENT OF POLICE IDUKKI DISTRICT, KUYILIMALA, IDUKKI.

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THE SUB INSPECTOR OF POLICE SANTHAMPARA POLICE STATION, SANTHAMPARA IDUKKI DISTRICT.

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LOORD MARY

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W/O. YESURAJ, RESIDING AT HOUSE NO. VII/147 SURYANELLI P.O., CHINNAKKANAL VILLAGE UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

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R1 TO 3 BY GOVERNMENT PLEADER MR. SUJITH MATHEW JOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24789 of 2014 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 - COPY OF SETTLEMENT DEED NO. 957/01 DT. 18.4.11 OF SRO RAJAKUMARI EXECUTED BY THE FATHER OF THE PETITIONER.

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P2 - COPY OF BASIC TAX RECEIPT NO. 3800800 DT. 04.6.14 IN THANDAPER NO. 3040 IN THE NAME OF THE PETITIONER.

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P3 - COPY OF CERTIFICATE OF ENCUMBRANCE NO. 4500/12 DT. 07.6.12 ISSUED FROM THE SRO RAJAKUMARY IN THE NAME OF THE PETITIONER.

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P4 - COPY OF LA SKETCH OF THE PROPERTY OF THE PETITIONER.

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P4(A) - COPY OF RESIDENTIAL CERTIFICATE NO. A3-1454 DT. 06.6.12 ISSUED IN THE NAME OF THE PETITIONER FROM THE LOCAL AUTHORITY.

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P5 - COPY OF THE ORDER OF INJUNCTION IN IA NO. 641/12 IN OS NO. 166/12 PASSED BY THE MUNSIFF COURT, DEVIKULAM.

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P6 - COPY OF COMPLAINT DT. 16.9.14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

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--------------------------------------NIL

ks.

True copy

P.S.to Judge

THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.

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============================== W.P.(C)No. 24789 of 2014

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============================== Dated this the 9^th day of October, 2014

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JUDGMENT

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Thottathil B. Radhakrishnan, J.

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Notice to the 4^th respondent is dispensed with

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preserving her right to seek re-hearing of the matter, if she is aggrieved by the directions contained herein. We have heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 3.

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The petitioner says that his sister-in-law is in inimical terms and that there are disputes among her and her husband Yesuraj, who is the petitioner’s brother. We see that the disputes raised are primarily in relation to properties and matters relating to domestic activities and family matters. If any cognizable offence is reported or if

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WPC 24789/2014

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there is any real apprehension of commission of cognizable offence, the police will take due action in accordance with law. Law and order shall also be maintained. If there is any real threat to life, it is for the jurisdictional police officer to consider the request for any protection being extended in

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accordance with law on usual terms.

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The writ petition is ordered accordingly.

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Sd/THOTTATHIL B. RADHAKRISHNAN JUDGE

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Sd/-

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BABU MATHEW P. JOSEPH JUDGE

ks.

True copy

P.S.To Judge

WPC 24789/2014 3

Varghese v. State of Kerala

Case brief

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Varghese v. State of Kerala

Case brief

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