Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 11 TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 WP(C) NO. 2791 OF 2020 PETITIONERS: 1 PADMANABHAN K.V. AGED 74 YEARS S/O. KUNHAPPU (LATE) RESIDING AT FLAT NO. 302, RUBY ENCLAVE, POTTAYIL LANE, BEHIND JAYALAKSHMI SILKS, POOTHOLE (PO), ARANATTUKARA VILLAGE, THRISSUR 680 004 2 JAYASREE PADMANABHAN, AGED 73 YEARS W/O. PADMANABHAN, RESIDING AT FLAT NO. 302, RUBY ENCLAVE, POTTAYIL LANE, BEHIND JAYALAKSHMI SILKS, POOTHOLE (PO), ARANATTUKARA VILLAGE, THRISSUR 680 004 BY ADVS.
SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SMT.S.SIBHA SRI.P.M.MOHAMMED SALIH KUM.PARVATHY VIJAYAN SMT.PRAMITHA AUGUSTINE SMT.DEEPA VALENTINE LESLIE RESPONDENTS: STATE OF KERALA REPRESENTED BY HOME SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM 695 001 CIRCLE INSPECTOR OF POLICE, PONANI POLICE STATION, MALAPPURAM DISTRICT 679 577 SUB INSPECTOR OF POLICE, PONANI POLICE STATION, MALAPURAM DISTRICT 679 577 PRASANTH PADMANABHAN, AGED 43 YEARS S/O. PADMANABHAN K V, RESIDING AT KOLOTH VALAPPIL HOUSE, EDAPPAL P.O, PONNANI TALUK, MALAPPURAM DISTRICT 679 576 BY ADVS.
SRI.AUGUSTUS BINU SRI.MITHUN BABY JOHN BY SRI.T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 11 th day of January, 2023 This writ petition is filed seeking the following reliefs:
“i) Issue a writ of mandamus or any other appropriate writ or directions directing the 2nd and 3rd Respondents to provide adequate, meaningful, effective and sufficient police protection to the life of the petitioners and their properties from 4th respondent and their men. ii) Issue a writ of mandamus or any other appropriate writ or directions to the respondents 2 to 3 to take immediate and effective steps/action on ExhibitP1 in accordance with law.”
2. Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for the 4 th respondent.
3. It is submitted by the learned counsel for the 4 th respondent that the 1 st petitioner, who is the father of the 4 th respondent has passed away and that the dispute between the 4 th respondent and his other family members is pending before the Family Court, Tirur and that Exhibit R4(f) order is in force.
Having considered the contentions advanced, I am of the opinion that the issues between the parties have to be decided in the pending proceedings between them in a appropriate manner.
Leaving open the contentions of the parties to be decided in the pending cases and in any civil cases to be instituted, the writ petition is closed.
Sd/- ANU SIVARAMAN
JUDGE
APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS ON 28-01-2020 EXHIBIT P2 TRUE COPY OF THE FIR NUMBERED AS 50/2020 RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE FINAL BILL DATED 15.1.2019 ISSUED BY AMRITHA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, ERNAKULAM.
EXHIBIT R4(B) TRUE COPY OF THE FINAL BILL DATED 2.2.2019 FOR AN AMOUNT OF RS.9,90,395/- ISSUED BY THE ASTER MEDCITY, ERNAKULAM.
EXHIBIT R4(C) TRUE COPY OF THE MEMORANDUM OF O.P.NO.671/2018 FILED BY THE 2ND PETITIONER AGAINST THE 1ST PETITIONER BEFORE THE FAMILY COURT, TIRUR.
EXHIBIT R4(D)
TRUE COPY OF THE JOINT COMPROMISE DATED
27.05.2019 FILED IN O.P.NO.671/2018 BEFORE THE FAMILY COURT, TIRUR.
EXHIBIT R4(E) TRUE COPY OF THE ORDER DATED 04.06.2019 IN
O.P.NO.671/2018 ON THE FILES OF THE HON'BLE FAMILY COURT, TIRUR.
EXHIBIT R4(F) TRUE COPY OF THE ODER DATED 17.09.2019 IN
I.A.NO.1283/2019 IN O.P.NO.671/2018 ON THE FILES OF HON'BLE FAMILY COURT, TIRUR.
SSK //TRUE COPY// PA TO JUDGE
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
