Sooraj Gemin, Parvathy Sonia Sooraj and Gauri Parvathy Sooraj vs The Inspector General of Police and Others

Thottathil B. Radhakrishnan, J.—The second Petitioner is the wife of the first Petitioner. The third Petitioner is their 4 = years'' old daughter. According to the Petitioners, they are in occupation of an apartment owned by the third Respondent. The learned Counsel for the third Respondent states that the first Petitioner has obtained an order of temporary injunction against the third Respondent. With that, we notice that there cannot be any objection from the third Respondent for the Petitioners occupying the apartment. The learned Counsel for the third Respondent is, in our view, quite justified in stating that the third Respondent has no intention to forcibly WPC38572/10 evict the Petitioners or prevent their entry into the apartment. Obviously, we need not go into any disputes between the Petitioners and the third Respondent, as of now, that is pending in the civil court. This is why we proceeded to dispose of this writ petition without awaiting any further pleadings to be brought on record.

The learned Counsel for the third Respondent, however, states that the first Petitioner is essentially a trouble shooter and has become a menace for the occupants of the apartments in the building which is an apartment complex. The learned Government Pleader submits on instructions that there are different allegations against the conduct of the first Petitioner, including physical abuse, assault etc. He says that there are also allegations where the victims are stated to be children. Even if there are such allegations, we are clear in our mind that it is not the local laundry man or any ironing service provider or maintenance employee to take care of WPC38572/10 such situations. Any allegations against the Petitioners, in particular, the first Petitioner, will have to be looked into by the police in accordance with law. To enable this process, we direct the first Petitioner to appear before the appropriate police officer who may issue summons for such appearance in connection with any criminal complaint. This direction given by us is only in furtherance of the terms of Ext.P14. The jurisdictional station house officer will ensure that the Petitioners are not visited with any violation of laws at the hands of any local persons and any complaint by the Petitioners or any among the Petitioners in this regard, including if any already pending, will be looked into and appropriate action taken to provide necessary security. We also record the submission on behalf of the Petitioners that from their side, they would not create any law and order problem. We further clarify that any court before which WPC38572/10 any litigation would be pending between the parties would decide them untrammelled by anything stated in this judgment.

The writ petition is ordered accordingly.