IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24807 OF 2021
PETITIONER:
SULAIMAN S
AGED 52 YEARS
S/O. MEERAN, KALLEKKATTU HOUSE, ALADY KARA,
K. CHAPPATHU P.O, AYYAPPANCOVIL VILLAGE, IDUKKI THALUK,
IDUKKI DISTRICT 685 505
BY ADVS.
A.A.SHIBI
MEERA RAJAN
H. HARITHA
RESPONDENTS:
1 THE STATION HOUSE OFFICER
UDUMBANCHOLA POLICE STATION, UDUMBANCHOLA, IDUKKI
DISTRICT 685 504
2 THE DISTRICT POLICE CHIEF
THODUPUZHA-PULIYARMALA ROAD, IDUKKI COLONY POST,
CHERUTHONY, IDUKKI DISTRICT 685 602
3 MUHAMMED HUSSAIN
AGED 52 YEARS
S/O. MEERAN MOIDEEN, EAST MUSLIM STREET, WARD NO. XIV,
UTHAMPALAYAM TALUK, THENI DISTRICT, TAMILNADU 625 553
4 SEETHALAKSHMI
AGED 72 YEARS
W/O. KRISHNAMOORTHY CHETTIYAR, NOW RESIDING AT DOOR NO.
4/21, GURUSWAMI STREET, BODINAIKANUR, BODINAIKANUR TALUK,
THENI DISTRICT, TAMILNADU 625 513
5 M. MURUKESHAN
AGED 53 YEARS
S/O. KRISHNAMOORTHY CHETTIYAR, NOW RESIDING AT DOOR NO.
13-5-12, GANDHI NAGAR STREET NO. 2, RANGANATHAPURAM,
MELECHIKKANATHAPURAM, BODINAIKANUR TALUK, THENI DISTRICT,
WP(C) NO.24807 OF 2021 2
TAMILNADU 625 582
6 MICHAEL
AGED 55 YEARS
S/O. SANGARA NADAR, RESIDING AT THANOKODIYIL HOUSE,
PALLIKUNNU, SENAPATHY KARA, SANTHANPARA VILLAGE,
UDUMPANCHOLA TALUK, PIN 685 619
IDUKKI DISTRICT.
7 NAGAPPAN
AGED 57 YEARS
S/O. GOPALA NAICKAR, RESIDING AT PRIYA SADANAM, HOUSE NO.
VI/152 OF SENAPATHY, GRAMA PANCHAYAT, KATTOOTHI KARA,
VATTAPPARA P.O, CHATHURANGAPPARA VILLAGE, UDUMPANCHOLA
TALUK, PIN 685 619 IDUKKI DISTRICT.
8 SAVARY MUTHU
AGED 45 YEARS
S/O. SAURIYAR, HOUSE NO. VI/122 OF SENAPATHY GRAMA
PANCHAYAT, KATTOOTHI KARA, VATTAPPARA P.O,
CHATHURANGAPPARA VILLAGE, UDUMPANCHOLA TALUK, PIN 685 619
IDUKKI DISTRICT.
9 THOMAS
AGED 61 YEARS
S/O. JOSEPH, OTTUKULATHIL HOUSE, HOUSE NO. VII/60 OF
SEAPATHY GRAMA PANCHAYAT, UPPARVUL KARA, CHATHURANGAPPARA
P.O, CHATHURANGAPPARA VILLAGE, UDUMPANCHOLA TALUK, PIN
685 554 IDUKKI DISTRICT.
*ADDL 10 SIVARAMAN, S/O.KUTTTY, RESIDING AT PLATHOTTATHIL HOUSE,
KATTOOTHI THAVALAM, CHATHURANGAPPARA VILLAGE,
UDUMBANCHOLA, UDUMBANCHOLA TALUK PIN 685554.
[AS PER ORDER DATED 27/7/2022]
BY ADVS.
K.B.PRADEEP
HARISANKAR R
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24807 OF 2021 3
JUDGMENT
Dated this the 27th day of July, 2022 This writ petition is filed seeking directions to the police to provide adequate protection to the life as well as the properties of the petitioner.
2. It is submitted by the learned counsel for the petitioner that the contesting party respondents are causing threat and nuisance to the life of the petitioner as well as to his properties and that criminal complaints have been filed against the party respondents including the 10th respondent and that FIRs have also been registered against them.
3. The learned counsel appearing for respondents 3 to 8 would contend that there are civil suits pending with regard to the property in question and that the issues raised in the civil suits may be left open to be decided by the competent civil courts.
In the above view of the matter, this writ petition is disposed of directing that in case of any overt acts by respondents 3 to 8, WP(C) NO.24807 OF 2021 4 9 or 10 against the life the petitioner or his family members, the petitioner may approach the Station House Officer, who shall afford adequate protection to the life of the petitioner. However all other issues are left open to be decided in the civil suits pending between the parties.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
ska JUDGE
WP(C) NO.24807 OF 2021 5
APPENDIX OF WP(C) 24807/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.S NO. 14/2021 DATED 09-04-2021
FILED BY THE PETITIONER BEFORE THE SUB COURT, DEVIKULAM Exhibit P2 TRUE COPY OF INJUNCTION ORDER DATED 09-04-2021 PASSED BY THE SUB COURT, DEVICOLAM, IN O.S NO. 14/2021 Exhibit P3 TRUE COPY OF REPORT DATED 06-07-2021 FILED BY THE ADVOCATE-COMMISSIONER BEFORE THE SUB COURT, DEVICOLAM, IN O.S NO. 14/2021 Exhibit P4 TRUE COPY OF FIRST INFORMATION REPORT DATED 13-09-2021 IN CRIME NO. 0447/2021 OF UDUMBANCHOLA POLICE Exhibit P4A TRUE COPY OF FIRST INFORMATION STATEMENT FURNISHED BY THE PETITIONER ON 13-09-2021 IN CRIME NO. 0447/2021 OF UDUMBANCHOLA POLICE. Exhibit P5 TRUE COPY OF COMPLAINT LODGED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14- 10-2021 Exhibit P5A TRUE COPY OF RECEIPT NO 142055/2021 ACKNOWLEDGING THE ACCEPTANCE OF EXHIBIT P5 COMPLAINANT BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF PLAINT IN O.S NO. 39/2021 FILED BEFORE MUNSIFF COURT, DEVIKULAM DATED 16-03- 2021 Exhibit P6A TRUE COPY OF INJUNCTION ORDER IN O.S NO.
39/2021 OF MUNSIFF COURT, DEVIKULAM DATED 17- 03-2021 Exhibit P7 TRUE COPY OF REQUEST FOR POLICE PROTECTION WP(C) NO.24807 OF 2021 6 GIVEN BY THE PETITIONER DATED 11/10/2021 Exhibit P8 TRUE COPY OF INJUNCTION ORDER DATED 7/10/2020 IN OS NO.178 OF 2020 PASSED BY THE MUNSIFF COURT, DEVIKULAM