Mohammed Sirajudeen vs The District Police Chief

Citation : 2021 Latest Caselaw 541 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Mohammed Sirajudeen vs The District Police Chief on 7 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      W.P.(C) No.25992 OF 2020(Y)

PETITIONER:

               MOHAMMED SIRAJUDEEN,
               AGED 60 YEARS, S/O.NAINAN MUHAMMED,
               TC 30/1424(18), IIND FLOOR,
               PUTHENCOIL COMPLEX, PALLIMUKKU,
               PETTAH, TRIVANDRUM-695 024.

               BY ADV. SRI.M.R.SARIN

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF,
               DISTRICT POLICE CHIEF OFFICE,
               KANAKA NAGAR, NANTHANCODU,
               THIRUVANANTHAPURAM, KERALA-695 033.

      2        THE STATION HOUSE OFFICER,
               PETTAH POLICE STATION,
               TRIVANDRUM DISTRICT-695 101.

      3        SABULAL.J.S.,
               AGED 31 YEARS, S/O.JOHN ROSE,
               THOTTATHUMELAI PUTHEN VEEDU,
               MANJALUMMOODU ARUMANAI,
               MANJALAUMMOODU P.O., PIN-629 151.

      4        SUJITH,
               AGED 32 YEARS, S/O.SUKESAN,
               TC 78/4049, SHAJI HOUSE,
               NEAR WIRELESS STATION,
               BEACH P.O., TRIVANDRUM.

      5        AL AMEEN,
               AGED 26 YEARS, S/O.NAJEEMUDEEN,
               THADATHARIKATHU VEEDU,
               PULIMOODU, THOLICODE P.O.,
               THIRUVANANTHAPURAM, PIN-68971.

      6        ASWIN,
               AGED 26 YEARS, S/O.ANILKUMAR,
               ASWIN BHAVAN,
               RANNI, PERUINADU P.O.,
               PATAGHNAMTHITTA, PIN-689 711.
 W.P.(C) No.25992 OF 2020(Y)
                               -2-


       7      ANEESH,
              AGED 31 YEARS, S/O.JAYAKUMARAN,
              ABHINAV NIVAS,
              TC 2380(2), NALLUMUKKU,
              NAVODAYA NAGAR, THUNDATHIL P.O.,
              THIRUVANANTHAPURAM, PIN-695 581.

       8      JAZEEM,
              KODIPARAYILL THEDATHARIKATHU VEEDU,
              KIZHAKEKONAM, PULLAMPARA P.O.,
              THIRUVANANTHAPURAM, PIN-695 607.

       9      KIRAN,
              AGED 25 YEARS, S/O.SEBASTIAN,
              PUTHGUKULAM,
              KURUCHY P.O., KOTTAYAM, PIN-686 532.

       10     RIYAS MUHAMMED,
              AGED 27 YEARS, S/O.ABDUL SALAM,
              RIYAS MANZIL,
              TRICOVILVATTOM, KANNANALLOOR P.O.,
              KOLLAM, PIN-691 5761.

       11     MUHAMMED SHAFEEQ ABDUL AZEEZ,
              KURUVILA ROADRIKATHU VEEDU,
              KAVUMMOOLA KARIPOOR, NEDUMANGAD,
              TRIVANDRUM, PIN-699 541.

              SMT.A.C.VIDHYA, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.25992 OF 2020(Y)
                                   -3-



                              JUDGMENT

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking the following reliefs;

"Issue a writ of mandamus or any other appropriate writ order or direction commanding respondents 1 to 2 to afford adequate and effective police protection to the life of petitioner and his staff to run the firm name Sujina Manpower consultants at Trivandrum from threat of the respondents 3 to 10 and their henchmen."

2. On 25.11.2020, when this writ petition came up for admission, this Court issued notice before admission to the respondents. The learned Government Pleader took notice for respondents 1 and 2. This Court issued urgent notice by speed post to respondents 3 to 11. The petitioner was directed to take steps to correct the cause title as two individuals have been named as the 10th respondent.

3. On 05.01.2021, when this writ petition came up for consideration, this Court passed the following order;

In the order dated 25.11.2020, this Court noticed that two individuals have been named '10th respondent' in the cause title of this writ petition, instead 'respondents 10 and 11'.

In the statement of facts and also in the reliefs sought for, the party respondents are described as 'respondents 3 to 10', instead of 'respondents 3 to 11'. The pages of the writ W.P.(C) No.25992 OF 2020(Y) -4- petition are not numbered fairly and legibly, as provided in Rule 35 of the Rules of the High Court of Kerala, 1971.

4. Today, when the writ petition is taken up for consideration, the learned counsel for the petitioner would submit that the petitioner may be permitted to withdraw this writ petition since certain factual mistakes crept in while drafting the writ petition; however, without prejudice to the right of the petitioner to file a fresh writ petition with appropriate pleadings and reliefs.

Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; without prejudice to the aforesaid right of the petitioner.

Sd/-

ANIL K. NARENDRAN JUDGE bpr