Disposed

Soumini Ravikumar v. the Superintendent of Police

Kerala HC19 Dec 2023WP(C)/37822/2023

Case brief

AI extract

What is this about?

The court directed police respondents to protect the petitioner from the 4th respondent due to life threats arising from a property dispute. It held that property violations are covered by the pending civil court injunction, while personal safety requires immediate police protection.

What did the court decide?

Direction to respondents 1 to 3 to provide adequate police protection to the life of the petitioner from the 4th respondent.

Soumini Ravikumar Vs the Superintendent of Police — Property and Title | 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 BASANT BALAJI

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TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945

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W.P.(C) NO.37822 OF 2023

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PETITIONER:

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SOUMINI RAVIKUMAR, AGED 60 YEARS, W/O.RAVIKUMAR,
SOUPARNIKA, ETTUMANOOR P.O., KOTTAYAM, PIN – 686 631
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
THOMAS THOMAS

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RESPONDENTS:

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1 THE SUPERINTENDENT OF POLICE, KOTTAYAM, PIN – 686 001 2 THE DEPUTY SUPERINTENDENT OF POLICE, PALA, KOTTAYAM DISTRICT, PIN – 686 575

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3 THE STATION HOUSE OFFICER, MELUKAVU POLICE STATION, KOTTAYAM DISTRICT, PIN – 686 652

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4 MURALEEDHARAN, S/O.RAGHAVA MARAR, PATHIYIL, NEELOOR, MATTATHIPARA.P.O., PALA, KOTTAYAM, PIN – 686 651

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5 DHANISH, CHUNGAPPURAYIL, MATTATHIPPARA.P.O., NEELOOR, PALA, KOTTAYAM, PIN – 686 651 BY ADV SERGI JOSEPH THOMAS GOVERNMENT PLEADER SRI.SREEJITH V.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.37822 of 2023

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JUDGMENT

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(Dated: 19^th December, 2023)

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The petitioner has filed Ext.P1 suit before the Munsiff Court, Pala, as O.S.No.5 of 2015 and an injunction order has already been passed in I.A.No.27 of 2015 in O.S.No.5 of 2015 (Ext.P2), restraining the defendants from cutting down and removing the trees from the plaint item No.1 property and from committing any act of waste therein until further orders.

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Learned counsel for the petitioner submits that on 06.11.2023,

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as per the orders of the Civil Court, the Commissioner as well as the Surveyor

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along with the petitioner went to the property to measure it as directed by the Munsiff, the 4^th respondent objected the same and they were threatened and a crime was registered as Crime No.1085 of 2023 by the Melukavu Police Station under Section 294(b) and 506 IPC. The petitioner seeks police protection for the life and property from the threat of the 4^th respondent and his henchmen.

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It can be seen that there is some dispute between the petitioner

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as well as the 4^th respondent and there has been some untoward incident on

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W.P.(C) No.37822 of 2023

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that day, therefore, the petitioner is entitled to seek protection from the 4^th respondent. Therefore, there will be direction to respondents 1 to 3 to see that the life of the petitioner is not in threat at the hands of the 4^th respondent.

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As far as the property is concerned, there is already a suit pending and an injunction order is against the respondent. Therefore, if there is any violation of the said injunction order, the petitioner is free to move to the Civil Court for appropriate orders. The writ petition is disposed of giving direction to respondents 1 to 3 to provide adequate protection to the life of the petitioner from the 4^th respondent.

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Sd/- BASANT BALAJI,

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W.P.(C) No.37822 of 2023

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APPENDIX OF WP(C) 37822/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PLAINT IN OS NO. 5/2015 ON
THE FILES OF MUNSIFF COURT, PALA
Exhibit P2TRUE COPY OF THE INTERIM ORDER DATED
08.01.2014 IN IA NO. 27/2015 IN OS NO. 5/2015
Exhibit P3TRUE COPY OF THE COMMISSION REPORT DATED
21.01.2015 IN OS NO. 5/2015
Exhibit P4TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER DATED 6.11.2023
Exhibit P5TRUE COPY OF THE RECEIPT DATED 6.11.2023
BEARING PETITION NO.94692/2023
Exhibit P6TRUE COPY OF THE JUDGMENT DATED 23.12.2021
IN W.P(C) NO.9996/2021
Exhibit P7TRUE COPY OF THE RECEIPT BEARING PETITION
NO.89397/2023/K DATED 8.11.2023 ISSUED BY THE
DISTRICT POLICE OFFICE, KOTTAYAM
Exhibit P8TRUE COPY OF THE PETITION BEARING
NO.94740/2023 DATED 7.11.2023 ISSUED BY THE
PALA SDPO

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RESPONDENT EXHIBITS
Exhibit R4(a)The photographs showing the person carrying
weapon

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PETITIONER EXHIBITS
Exhibit P9True copy of the FIR in Crime No. 1085/2023
dt. 20.11.2023

Soumini Ravikumar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Soumini Ravikumar v. the Superintendent of Police

Case brief

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What did the court decide?

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