Johar A.A vs The Commissioner Of Police

Citation : 2022 Latest Caselaw 5347 Ker
Judgement Date : 20 May, 2022

Kerala High Court
Johar A.A vs The Commissioner Of Police on 20 May, 2022
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         WP(C) NO.14836 OF 2022
PETITIONERS :-

     1       JOHAR A.A,
             S/O.ANTO, AINIKKAL HOUSE, CHERPU P.O.,
             THRISSUR-680 561.

     2       SOLWIN JOSE,
             S/O.JOSE, PULLOKARAN HOUSE, MARATHAKARA P.O.-
             THRISSUR- 680 306.

             BY ADV I.DINESH MENON


RESPONDENTS :-

     1       THE COMMISSIONER OF POLICE,
             OFFICE OF THE COMMISSIONER OF POLICE,
             THRISSUR-680 022.

     2       THE SUPERINTENDENT OF POLICE,
             THRISSUR RURAL, THRISSUR- 680 631.

     3       THE STATION HOUSE OFFICER,
             CHERPU POLICE STATION, CHERPU P.O.,
             THRISSUR-680 561.

     4       BAIJU ST.JOHN,
             S/O.JOHNY, VALLACHIRAKARAN HOUSE,
             CHERPU POST OFFICE, THRISSUR-680 561.

          BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.05.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.14836 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 20th day of May, 2022 This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus or such other writs, order or direction, directing the respondents 1 to 3 to provide adequate and effective police protection to the life of the petitioners from the fourth respondent as well as his henchmen.
(ii) Issue a writ of mandamus or such other writs, order or direction directing respondents 1 to 3 to provide adequate and effective police protection to open the office situated in Crown tower and to function fully without being in any way interdicted by respondent No.4."

2. Heard the learned counsel for the petitioners and the learned Government Pleader. Though notice was taken out to the party respondent and has been duly served, there is no appearance for the said respondent.

Having considered the contentions advanced and in view of the interim order already granted, I am of the opinion that interest of justice will be served by directing that in case the petitioners face any threat to their peaceful life from the 4 th respondent or anybody claiming through him, the petitioners may approach the Station House Officer, who shall provide WP(C) NO.14836 OF 2022 -: 3 :- adequate protection to the life of the petitioners. All other issues are left open to be decided in appropriate proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/20.5.2022 WP(C) NO.14836 OF 2022 -: 4 :- APPENDIX OF WP(C) 14836/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17.3.2022.

Exhibit P2 TRUE COPY OF THE RENT DEED DATED 2.4.2022. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 16.4.2022.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT DATED 16.4.2022.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE THIRD RESPONDENT DATED 16.4.2022.