CHANDRANATHA PANIKKER Vs. THE DISTRICT POLICE CHIEF

JUDGEMENT

(1.) Petitioners are father and mother of the third respondent. Fourth respondent is the wife of the third respondent. First petitioner is aged 78 years and the second petitioner 65 years.

(2.) The first petitioner purchased 27¾ cents of land in survey No.3547/4 of Pathiyoor Village. Exhibit R3(c) is the document relating to this purchase, which is produced by the third respondent. The first petitioner constructed a two -storied building in the property. It is the contention of the petitioners that they are living in the house along with the third and fourth respondents. From 18th December, 2015 onwards, it is alleged that, the third and fourth respondents started creating problems in the peaceful life of the petitioners. It is their demand that the property must be transferred to third respondent's name. Petitioners would contend that the third and fourth respondents assaulted and intimidated them several times. In spite of filing complaints before police, no action was taken by them in this matter. The third and fourth respondents tried to dispossess the petitioners from the house and therefore, the second petitioner had preferred a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Judicial First Class Magistrate Court -II, Haripad as M.C.No.23 of 2016, claiming the reliefs under Sections 18, 19 and 20 of the Act. It is pending before that court. An order was passed by the Magistrate on 28.3.2016 allowing the petitioners to occupy the ground floor of the house and respondents 3 and 4 to occupy the first floor of the house. Exhibit R3(b) is the order passed by the Magistrate in that matter.

(3.) It is alleged that even thereafter the third and fourth respondents created mischiefs and caused nuisance to the petitioners. On 8.3.2016 and 20.4.2016, the respondents abused the petitioners in filthy language and in connection with that, Crime No.557 of 2016 of Kareelakulangara Police Station under Sections 294(b) and 506(ii) of I.P.C. has been registered. Exhibit P1 is the copy of the F.I.R. It is further alleged that the third respondent intimidated the first petitioner and pushed him to the ground. Exhibit P2 is the discharge card issued from Taluk Hospital, Kayamkulam, showing that the first petitioner sustained injuries in the attack by the third respondent. Exhibit P3 is the Medical Certificate issued from City Hospital, Kayamkulam, in respect of the first petitioner. The first petitioner had preferred complaints against the first respondent and the second respondent, which are produced as Exhibits P4 and P5 respectively. No action was taken in this regard. Hence, the petitioners have approached this Court seeking the following reliefs: