Kerala High Court
WP(C)/35961/2019 of J.MAYA, Vs STATE OF KERALA, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35961 OF 2019(U) PETITIONER: J.MAYA, PUTHENPURAYIL, DHANUVACHAPURAM,NADOORKOLLA, KOLLAYIL,TRIVANDRUM-695502. BY ADV. SMT.K.P.SANTHI RESPONDENTS: 1 STATE OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941WP(C).No.35961 OF 2019(U)
PETITIONER:
J.MAYA, PUTHENPURAYIL,DHANUVACHAPURAM,NADOORKOLLA, KOLLAYIL,TRIVANDRUM-695502.
BY ADV. SMT.K.P.SANTHI
RESPONDENTS:
1STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001.GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001.
2SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE,THIRUVANANTHAPURAM RURAL, TRIVANDRUM-695001.OFFICE,THIRUVANANTHAPURAM RURAL, TRIVANDRUM-695001.
3DEPUTY SUPERINTENDENT OF POLICE,NEYYATINKARA,TRIVANDRUM-695121.NEYYATINKARA,TRIVANDRUM-695121.
4CIRCLE INSPECTOR OF POLICE,PARASSALA POLICE STATION,TRIVANDRUM-695001.PARASSALA POLICE STATION,TRIVANDRUM-695001.
5SUB INSPECTOR OF POLICE,PARASSALA POLICE STATION,THIRUVANANTHAPURAM-695001.
6PRAKASH, SON OF JAPAMANI,KALALALAYAM,NELLIMOOTTIL, KANJIRAMKULAM,TRIVANDRUM-695524,NOW RESIDING AT PUTHENPURAYIL,DHANUVACHAPURAM,NADOORKOLLA,KOLLAYIL,TRIVANDRUM-695502.KANJIRAMKULAM,TRIVANDRUM-695524,NOW RESIDING AT PUTHENPURAYIL,DHANUVACHAPURAM,NADOORKOLLA,KOLLAYIL,TRIVANDRUM-695502.
7NEETHARANI,WIFE OF PRAKASH,KAMALALAYAM, RESIDING AT PUTHENPURAYIL, DHANUVACHAPURAM,NADOORKOLLAM, KOLLAYIL,TRIVANDRUM-695502.WIFE OF PRAKASH,KAMALALAYAM, RESIDING AT PUTHENPURAYIL, DHANUVACHAPURAM,NADOORKOLLAM, KOLLAYIL,TRIVANDRUM-695502.
NELLIMOOTTIL,KANJIRAMKULAM,TRIVANDRUM-695524,NOW
SMT. PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
This Court by Ext.P4 judgment dated 10/06/2019directed the respondents 4 and 5 to render adequateprotection to the petitioner, if there is anyharassment against her by the respondents 6 and 7.The said judgment is in force.
2. The petitioner has filed the present writpetition, alleging that the respondents 6 & 7 arecontinuing to harass her.
3. The Hon'ble Supreme Court in Commissioner, Karnataka Housing Board v. C.Muddaiah [(2007)7 SCC
689), has held that once a direction is issued by acompetent Court, the authority is bound to abide bythe direction without any reservation. If an orderpassed by court of law is not complied with or isignored, the remedy of the petitioner is toinstitute contempt of court proceedings and notfile a fresh writ petition. In view of the factthat Ext.P4 judgment is still in force, there is no WP(C).No.35961 OF 2019(U) 3
circumstances warranting the filing of a fresh writpetition for the same cause of action. In view ofthe above observations this writ petition isdismissed, without prejudice to the right of thepetitioner to seek appropriate remedies under theContempt of Courts Act, as against the persons whohave wilfully disobeyed the directions of thisCourt in Ext.P4 judgment.
msp
Sd/-
C.S.DIASJUDGE
WP(C).No.35961 OF 2019(U) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE