This writ petition was allowed directing police to ensure the 4th respondent does not enter the petitioner's house if encroachment or trespass is carried out, based on allegations of harassment.
Writ petition allowed directing police to prevent 4th respondent from entering petitioner's house if encroachment occurs.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.9340 OF 2019(N)
PETITIONER/S:
SHEEBA BARNS AGED 49 YEARS W/O. DOMINIC, T.C.44/388, DHANUVILLA, VELANKANNI JUNCTION, VALIYATHURA, THIRUVANANTHAPURAM, PIN695008.
BY ADVS. SRI.K.P.SUJESH KUMAR SMT.PRABHA JOSE
RESPONDENT/S:
1 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,PIN-695014.
OTHER PRESENT:
SR.GP SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-07-
2019, THE COURT ON 05-08-2019 DELIVERED THE FOLLOWING:
W.P.(C) No.9340 of 2019
-2-
JUDGMENT
K.VINOD CHANDRAN, J.
The petitioner is concerned for herself and children; one of whom is suffering from autism. The petitioner's contention is that the 4th respondent encroaches into the property often and causes harassment to the petitioner and her children. There is also an allegation that the 4th respondent, who is a drug addict, physically abuses the son of the petitioner who is suffering from autism.
W.P.(C) No.9340 of 2019
belongs to her and is in her exclusive enjoyment and possession and she alone is the titleholder. We also see Ext.P3 prohibitory order passed by the Judicial First Class Magistrate Court, Thiruvananvanthapuram.
Considering all the above circumstances, we are of the opinion that the Police shall ensure that the 4th respondent does not enter into the house of the petitioner. If any such encroachment or trespass is carried out, the petitioner shall inform the Station House Officer; the third respondent, who shall immediately take action as against the 4th respondent.
Writ petition is allowed. No order as to costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/-
V.G.ARUN
JUDGE
Scl/05.08
W.P.(C) No.9340 of 2019
-4-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DATED 30.08.2017.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE PROTECTION OFFICER,DATED 16/11/2017.
EXHIBIT P3 TRUE COPY OF THE ORDER IN CMP NO.36/2018 IN MC NO.I/2018 ON THE FILE OF THE COURT OF THE TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE-IX, THIRUVANANTHAPURAM DATED 05.01.2018.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT, DATED 16.01.2018.
2 issues framed by the court
Whether police can be directed to prevent the respondent from entering the petitioner's house.
Whether a writ petition should be allowed in case of encroachment on petitioner's property.
Sheeba Barns
Director General of Police
Commissioner of Police, Thiruvananthapuram City
Station House Officer, Valiyathura Police Station
Sathish @ Sheeban
K.Vinod Chandran
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
