Nisha Devasia vs District Police Chief
2021 Latest Caselaw 4361 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                   WP(C).No.312 OF 2021(L)


PETITIONERS:

     1       NISHA DEVASIA
             AGED 44 YEARS
             W/O DEVASIA,
             MAZHUVANCHERIYIL HOUSE, PULICKAL KAVALA,
             NEDUMAVU, VAZHOOR VILLAGE, CHANGANASSERY,
             KOTTAYAM DISTRICT.

     2       GEORGE D
             S/O DEVASIA,
             MAZHUVANCHERIYIL HOUSE, PULICKAL KAVALA,
             NEDUMAVU, VAZHOOR VILLAGE, CHANGANASSERY,
             KOTTAYAM DISTRICT.

     3       SREELAKSHMI D
             D/O DASAN,
             MAZHUVANCHERIYIL HOUSE, PULICKAL KAVALA,
             NEDUMAVU, VAZHOOR VILLAGE, CHANGANASSERY,
             KOTTAYAM DISTRICT.

             BY ADVS.
             SRI.G.HARIHARAN
             SRI.SHINE VARGHESE
             SRI.PRAVEEN.H.
             SMT.K.S.SMITHA
             SRI.V.R.SANJEEV KUMAR

RESPONDENTS:

     1       DISTRICT POLICE CHIEF
             KOTTAYAM.
                               -2-
WP(C).No.312 OF 2021(L)

       2      DEPUTY SUPERINTENDENT OF POLICE
              KANJIRAPPALLY,
              KOTTAYAM DISTRICT.

       3      STATION HOUSE OFFICER
              PALLICKATHODU POLICE STATION, PALLICKATHODU,
              KOTTAYAM DISTRICT.

       4      SREEKUMAR MANU
              S/O DASAN, K N,
              ELAMPILAKKAD, MANU BHAVAN, CHAMPAKKARA,
              KARUKACHAL, KOTTAYAM DISTRICT.

              R1-3 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 05.02.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                -3-
WP(C).No.312 OF 2021(L)

                          JUDGMENT

The petitioners have filed this writ petition under Article

226 of the Constitution of India, seeking a writ of mandamus

commanding respondents 1 to 3 to provide proper and

adequate police protection to their life in the wake of threat

made by the 4th respondent, as evidenced in Exts.P1, P3, P5

and P7 requests made by the 1 st petitioner on behalf of

petitioners 1 to 3.

2. On 06.01.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 to 3. This Court issued urgent

notice on admission by speed post to the 4 th respondent

returnable within two weeks. The learned Government Pleader

was directed to get instructions and file statement. This Court

granted an interim order directing the 3 rd respondent to

ensure that there is no threat to law and order in the locality

at the instance of the 4th respondent and his men, for a period

of one month.

3. Today, when this writ petition is taken up for

consideration, the learned counsel for the petitioners would

submit that the dispute between the petitioners and the 4 th

WP(C).No.312 OF 2021(L)

respondent has already been settled. Therefore, this writ

petition may be dismissed as withdrawn, without prejudice to

the right of the petitioners to approach this Court again in

case of any subsequent threat from the side of the 4 th

respondent.

Based on the above submissions made by the learned

counsel for the petitioners, this writ petition is dismissed as

withdrawn reserving the aforesaid right of the petitioners.

Consequently, the interim order dated 06.01.2021 is

vacated.

Sd/-

ANIL K.NARENDRAN, JUDGE AV/06/02