Gopinathan vs The District Police Chief
2021 Latest Caselaw 16451 Ker

WP(C) NO. 14379 OF 2020
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                     WP(C) NO. 14379 OF 2020
PETITIONER/S:

            GOPINATHAN
            AGED 54 YEARS
            S/O. CHANGARAN, PULLALAYIL HOUSE, KARATT P.O,
            KARATTUPRAMBA, FAROOK COLLEGE VIA, MALAPPURAM
            DISTRICT.

            BY ADV K.RAKESH



RESPONDENT/S:

    1       THE DISTRICT POLICE CHIEF
            MALAPPURAM , PIN 676 505

    2       THE STATION HOUSE OFFICER,
            VAZHAKKAD, MALAPPURAM DISTRICT, PIN 673 640

    3       THE SUB INSPECTOR OF POLICE,
            VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT,
            PIN 673 640


OTHER PRESENT:

            SMT.REKHA.C.NAIR, SR.GP




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   05.08.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 14379 OF 2020
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                   P.V.KUNHIKRISHNAN, J
              -------------------------------
                  W.P.(C)No.14379 of 2020
             --------------------------------
           Dated this the 5th day of August 2021


                                    JUDGMENT

The Writ Petition is filed with the following

prayers:

I. Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents 2 and 3 not to harass the petitioner and further to refrain from harassing the petitioner to settle civil disputes pending before civil courts.

ii. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The short facts of the case are like this:

the petitioner is a member of the Scheduled Caste

Community and in relation to the partition of the

family property, O.S.No.76/2017 and

O.S.No.150/2018 are pending before the civil

court. The definite case of the petitioner is that

because of this suit, there is threat from WP(C) NO. 14379 OF 2020

respondents 4 and 5 to the life of the petitioner.

Respondent Nos.4 and 5 are siblings of the

petitioner.

3. Notice was issued to respondents 4 and 5

and it is returned with an endorsement "not

known". This Writ Petition is pending before this

Court from 19.10.2020 onwards. There is no purpose

in retaining this Writ Petition and again issuing

notice to respondents 4 and 5. The only grievance

of the petitioner is that there is threat to the

life of the petitioner from the contesting

respondents. It is the duty of the Police to see

that there is no threat to the life of a citizen,

if he apprehends any threat to his life from any

others.

4. In the facts and circumstances of the case,

I think this Writ Petition can be disposed of,

directing the petitioner to approach the 3rd

respondent, if there is any threat to the life of

the petitioner from respondents 4 and 5. In such

situation, the 3rd respondent will summon WP(C) NO. 14379 OF 2020

respondent Nos.4 and 5 and will do the needful to

see that there is no threat to the life of the

petitioner and his family members. Therefore this

Writ Petition is disposed of in the following

manner:

1. If there is any threat to the life of the

petitioner from respondents 4 and 5,

petitioner can approach the Station House

Officer concerned with appropriate

representation.

2. If such a representation is received from the

petitioner, the Station House Officer

and after hearing his version see that that

there is no threat to the life of the

petitioner from respondents 4 and 5.

sd/-

P.V.KUNHIKRISHNAN JUDGE rkc WP(C) NO. 14379 OF 2020

APPENDIX OF WP(C) 14379/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED, 2-3-

2017 IN W.P(C) NO. 5429/2017 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7-12-2019

EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT ON RECEIPT OF EXHIBIT P2

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1-7-2020

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT ON RECEIPT OF EXHIBIT P3