IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.26477 OF 2020(H)
PETITIONERS:
1 BLESSON ABRHAM
AGED 45 YEARS
S/O. E.A ABRAHAM, EETTIKALAYIL HOUSE,
THOTTAPUZHASSERY, PATHANAMTHITTA, PIN 689 549
2 RAJAN MATHEW,
AGED 54 YEARS
S/O. BABU MATHEW, AMAYIL PULIMOOTTIL HOUSE,
MARAMON P.O, THIRUVALLA TALUK,
PATTANAMTHITTA DISTRICT, PIN-689 549
MANAGER, TABOR HILLS INTERNATIONAL RESORT AND
CONVENTION CENTRE, NAADUNOKKI,
KURUSHUMALA-ASHRAM ROAD, VAGAMON,
PIN-685 503
BY ADVS.
SRI.P.SUJITH KUMAR
SRI.S.A.ANAND
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
CIVIL STATION, KOTTAYAM, PIN 686 001
2 THE STATION HOUSE OFFICER,
ERATTUPETTA POLICE STATION,
KOTTAYAM DISTRICT, PIN 686 121
3 ROY
S/O. P.S MATHEW, PARACKAL VEEDU, NALPATHEKKAR,
VAZHIKKADAVU, TEEKOY VILLAGE, PIN 686 580
4 THE DEPUTY SUPERINTENDENT OF POLICE,
PALA, KOTTAYAM DISTRICT,
PIN 686 574
SRI PP THAJUDEEN GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26477 OF 2020 2
JUDGMENT
The 1st petitioner is the owner of a resort by name 'Tabor Hills International Resort & Convention Centre'. The aforesaid resort is situated at Vagamon. The 2nd petitioner herein is the Manager of the said resort. The 3rd respondent herein is a nearby resident. The petitioners contend that the 3rd respondent is nursing animosity towards the petitioners and on more than one occasion have trespassed into the resort and have caused physical harm to the employees. Several instances are narrated in the writ petition. It is stated that the petitioners and their workers are living in constant fear. Seeking protection for life and property, they approached the jurisdictional police station and lodged several complaints. They state that no action was taken by the police. Being aggrieved, the petitioners are before this Court seeking a direction to the respondents 1 and 2 to afford adequate protection to the life of the petitioners from any threat or highhanded action by the party respondent.
2. By order dated 01.12.2020, this Court had directed the 2nd respondent to ensure that law and order is maintained.
3. Notice was served on the 3rd respondent. However, none WP(C).No.26477 OF 2020 3 appears.
4. I have heard Sri. Sujith Kumar P., the learned counsel appearing for the petitioners and Sri. P.P. Thajudeen, the learned Senior Government Pleader.
5. Sri. P.P.Thajudeen, submitted that there are disputes between the 1st petitioner and the 3rd respondent and separate complaints were lodged by them before the police. Both sides were directed to maintain peace and not to precipitate the matter. He points out that though various complaints were lodged by the petitioner, he has not followed it up by furnishing materials or witnesses. Finally, it is submitted that if any incident is brought to the notice of the police, strict action shall be taken and it shall be ensured that no one takes the law into his hands.
6. I have considered the submissions advanced. As stated earlier, this Court by an interim order had directed the police to maintain law and order. Though notice was served, there is no appearance for the 3rd respondent. The learned Government pleader has assured that strict action shall be taken by the police if any one causes any incident resulting in breach of peace. In that view of the matter, this writ petition is disposed of directing the petitioners herein to approach the 2nd respondent if they have any grievance or threat of physical harm. If any such complaint is received, the WP(C).No.26477 OF 2020 4 2nd respondent shall enquire about the complaint and ascertain its genuineness. If the same is found genuine, appropriate action shall be taken in accordance with law.
SD/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.26477 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 26-02-2020 FILED BY SRI JACKSON BEFORE THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 13-11-2020 FILED BY THE 2ND PETITIONER BEFORE THE STATION HOUSE OFFICER OF ERATTUPETTA POLICE STATION EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 23-11-2020 ISSUED BY ERATTUPETTA POLICE STATION EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 13-11-2020 FILED BY 2ND PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL