Disposed

Alex.S.S v. State of Kerala

Kerala HC3 Aug 2023WP(C)/1563/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking police protection against threats from the petitioner's wife and brother-in-law. The court recorded the respondent's denial of threat but left other contentions regarding matrimonial disputes open.

What did the court decide?

The writ petition was disposed of with no protection order issued immediately; the denial of threat was recorded, and other matrimonial disputes were left open.

Alex.S.S Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945

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WP(C) NO. 1563 OF 2023

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PETITIONER:

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ALEX.S.S
AGED 35 YEARS, S/O SAJAN K.,
HARITHAM, PARAMUKAL,KOOLAMKAVU,PAZHAKATH.P.O.,
ANAD, NEDUMANGAD, TRIVANDRUM, PIN - 695561
BY ADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM – 695010.

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3 THE CIRCLE INSPECTOR OF POLICE NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM - 695 541.

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4 THE STATION HOUSE OFFICER NEDUMANGADU POLICE STATION, NEDUMANGADU, THIRUVANANTHAPURAM - 695 541.

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5SOJA .S.J
AGED 35 YEARS, D/O JUSTUS D.,
S.J. BHAVAN, MANIKKAPURAM, KARIPOOR P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM - 695 541,
PIN - 695541

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6ANEESH,
S/O JUSTUS D., ASSISTANT ENGINEER,
HOUSING BOARD BUILDING, SAKTHI NAGAR,
THIRUVANANTHAPURAM, RESIDING AT

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WP(C) NO.1563 OF 2023

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S.J. BHAVAN, MANIKKAPURAM, KARIPOOR P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM – 695 541

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BY ADV NIKHIL SANKAR S

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OTHER PRESENT:

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SRI. RAJEEV JYOTHISH GEORGE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.1563 OF 2023

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P.V.KUNHIKRISHNAN, J.

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-----------------------------WP(C) No.1563 of 2023

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Dated this the 03^rd day of August, 2023

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JUDGMENT

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The above writ petition is filed with the following

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prayers;

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“i. Issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the 3^rd and 4^th respondents to provide adequate police protection to the life of the petitioner from the threat passed by respondents 5 and 6.

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ii. Issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling then 3^rd and 4^th respondents to take all necessary action to consider Ext.P1 complaint as expeditiously as possible within a time frame.

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iii. Dispense with filing of the translation of vernacular documents.

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iv. Issue such other appropriate writ, direction or order as this Hon’ble Court may deem fit and proper for the circumstances in this case.”(SIC)

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The main prayer in this writ petition is to

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WP(C) NO.1563 OF 2023

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issue direction to respondents 3 and 4 to provide adequate Police protection to the life of the petitioner from the threat of respondents No.5 and 6. The 5^th and 6^th respondents are the wife and brother-in-law of the petitioner.

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Admittedly, there is some matrimonial disputes between the parties. Eventhough, the matter was referred for mediation, the matter is not settled. The learned counsel appearing for respondents 5 and 6 submitted that, there is no threat to the life of the petitioner and the other matrimonial disputes may be left open. If that be the case, this writ petition need not be retained. If there is any threat to the life of the petitioner from respondents 5 and 6, the petitioner is free to approach the 4^th respondent and the 4^th respondent will do the needful, in accordance to law.

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Therefore, this writ petition is disposed of with

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WP(C) NO.1563 OF 2023

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the following directions;

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i. The submission of the counsel appearing for the 5^th and 6^th respondents that there is no threat to the life of the petitioner is recorded. If there is any threat in future, the petitioner is free to file a complaint before the 4^th respondent and if such a complaint is received, the 4^th respondent will do the needful to protect the life of the petitioner, in accordance to law.

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ii. All other contentions of the petitioner and respondents 5 and 6, regarding the matrimonial disputes are left open.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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nvj

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WP(C) NO.1563 OF 2023

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APPENDIX OF WP(C) 1563/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE COMPLAINT DATED
29/11/2022 ALONG WITH RECEIPT BEFORE
THE 4TH RESPONDENT
EXHIBIT P2TURE COPY OF IA NO 1/2022 IN O.P
728/2021 DATED 14/12/2022

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RESPONDENT EXHIBITS

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EXHIBIT R5(B)NEDUMANGAD.TRUE COPY OF THE PETITION
SEEKING RETURN OF GOLD ORNAMENTS
BEARING O.P.NO:605/2021 BEFORE THE
HONOURABLE FAMILY COURT, NEDUMANGAD
BY THE 5TH RESPONDENT AGAINST
PETITIONER
EXHIBIT R5(A)TRUE COPY OF THE PETITION SEEKING
DISSOLUTION OF MARRIAGE BEARING O.P
NO:653/2021 BEFORE THE HONOURABLE
FAMILY COURT, NEDUMANGAD BY THE 5TH
RESPONDENT AGAINST PETITIONER
EXHIBIT R5(C)TRUE COPY OF THE PETITION SEEKING
MAINTENANCE BEARING M.C NO:222/2021
BEFORE THE HONOURABLE FAMILY COURT,
NEDUMANGAD PREFERRED BY THE 5TH
RESPONDENT ON BEHALF OF HER MINOR
CHILD AGAINST PETITIONER

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//TRUE COPY// PA TO JUDGE

Alex.S.S v. State of Kerala

Case brief

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Alex.S.S v. State of Kerala

Case brief

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