IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30^TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 5267 OF 2024 PETITIONER/S:

SAM GEORGE AGED 54 YEARS S/O K. MANI GEORGE, KAPPADAKKUNNEL HOUSE, PATTITHANAM P.O., KANAKKARI, KOTTAYAM, PIN - 686 631 BY ADVS.

K.M.JAMALUDHEEN LATHA PRABHAKARAN SAINA MARIYAM BABY RESPONDENT/S:

1 THE DISTRICT POLICE CHIEF CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF,KOTTAYAM, PIN - 686 001 2 THE DEPUTY POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, PALA, KOTTAYAM, PIN - 686 575

3 THE CIRCLE INSPECTOR OF POLICE KURAVILANGADU POLICE STATION, KOTTAYAM, PIN - 686 633

4 THE STATION HOUSE OFFICER KURAVILANGADU POLICE STATION, KOTTAYAM, PIN - 686 633

5 JESSY SAM AGED 43 YEARS KAPPADAKUNNEL HOUSE, PATTITHANAM P.O.,KANAKKARI, KOTTAYAM, PIN - 686 631 BY ADVS.

SUMAN CHAKRAVARTHY K.R.RIJA(R-781)

BREJITHA UNNIKRISHNAN(K/826/2007)

SUDEESH K.E.(K/1950/2023)

OTHER PRESENT:

SMT REKHA C NAIR-SR GP; SRI SUMAN CHAKRAVARTHY-R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DEVAN RAMACHANDRAN, J.

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W.P.(C) No.5267 of 2024 = = = = = = = = = = = = = = = = = = Dated, this the 30^th day of May 2024

JUDGMENT

The petitioner says that he had a relationship with the fifth respondent, and that out of it, has erupted various disputes, including alleging violence under the Domestic Violence Act by the said respondent, which is numbered as M.C.No.23/2015. He says that, the learned Magistrate allowed the case and protection order issued, which forced him to file O.P.No.482/2015 before the Family Court, Pala, for declaration that he is the absolute owner of the property in question, which also stands allowed. He says that, appeals and revisions were filed against these, which has finally culminated in Ext.P1; that as matters now stand, he is residing at the first floor of the said building, while the fifth respondent in the ground floor.

2. The petitioner says that the fifth respondent is now illegally trying to take full possession of the building and that she is assisted in such nefarious design by certain persons, who mete out threats and intimidation to him, using vituperatives and deadly weapons. He says that he had thus no other option, but to install Closed Circuit TV Cameras, but that these were destroyed, as also his car and motorcycle; and therefore, that he now fears for his life, particularly because the Police are refusing to intervene, when he has filed complaints before them.

3. Sri.K.M.Jamaludeen - learned counsel for the petitioner, explained that his client had filed a C.M.P.No.1085/2022 before the Court of the Judicial First Class Magistrate, Pala, namely Ext.P2, which had been referred to the Police for investigation, and that, this lead to a Final Report, the trial in which is still pending. He submitted that, the attacks suffered by his client, as also the destruction of his properties, has seriously affected his mental health; and therefore, that he approach the fourth respondent - Station House Officer, seeking protection but which has not been granted. The learned counsel therefore, prayed the reliefs sought for in this writ Petition be allowed.

4. Sri.Suman Chakravorthy - appearing for the fifth respondent, however, had a completely different story to say. He agreed that the parties are not legally wed, but that they are involved in several litigations against each other, including before the Family Court. He added that the petitioner attacked not merely his clients, but also her friends, one of whom is a foreigner who was staying with her; and that every other allegation made against his client is designed to ensure that her legal remedies are frustrated. He asserted that it is his client who is now living in terror on account of the anti-social conduct of the petitioner and that, it is only to cover up his omissions and violations that he had approached the Police wit