Ammu Sreedharan vs The Superintendent Of Police
2021 Latest Caselaw 4594 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                      WP(C).No.13881 OF 2020(I)


PETITIONERS:

      1        AMMU SREEDHARAN
               AGED 80 YEARS
               W/O.LATE SREEDHARAN, PULATHI HOUSE,
               CHENGALOOR, CHENGALOOR.P.O., VIA PUTHUKKAD, THRISSUR-
               680312.

      2        BINDU SREEDHARAN
               AGED 47 YEARS
               D/O.AMMU SREEDHARAN, PULATHI HOUSE,
               CHENGALOOR, CHENGALOOR.P.O., VIA PUTHUKKAD, THRISSUR-
               680312.

               BY ADVS.
               SRI.SHABU SREEDHARAN
               SHRI.NITIN RAJAN NAIR
               SMT.JISMIN JOSE
               SMT.ANJANA G.
               SHRI.JOBIN JOSE P.

RESPONDENTS:

      1        THE SUPERINTENDENT OF POLICE,
               THRISSUR RURAL, AYYANTHOLE.P.O.,
               THRISSUR-695003.

      2        THE STATION HOUSE OFFICER,
               PUTHUKKAD POLICE STATION, PUTHUKKAD.P.O.,
               THRISSUR-680301.

      3        SUNEESH KUMAR,
               AGED 52 YERS, S/O.LATE SREEDHARAN,
               PULATHI HOUSE, MARAVANCHERRY,
               CHENGALOOR.P.O., VIA PUTHUKKAD,
               THRISSUR-680312.

               R3 BY ADV. SRI.P.V.PAULSON
               R1 & R2 BY SRI SUNIL NATH N.B- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13881 OF 2020(I)

                                   2



                              JUDGMENT

Petitioners 1 and 2 are mother and sister of the 3 rd

respondent. The petitioners have filed this writ petition under

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

commanding respondents 1 and 2 to provide adequate police

protection to their lives from the criminal acts of violence on the

part of the 3rd respondent. The petitioners have also sought for a

writ of mandamus commanding respondents 1 and 2 to take

appropriate legal/penal action against the 3 rd respondent for the

criminal acts of violence already committed by him towards the

petitioners.

2. In the writ petition, it is alleged that the 3rd respondent

is harassing the petitioners demanding transfer of 14 cents of land

owned by the 1st petitioner, situated at Chengaloor Village. The 1 st

petitioner preferred Ext.P2 complaint before the 2 nd respondent

Station House Officer, seeking police protection against the criminal

acts of violence on the part of the 3 rd respondent, who is employed

as Driver in KSRTC Depot, Puthukkad.

3. On 10.07.2020, when this writ petition came up for

admission, the learned Government Pleader took notice before WP(C).No.13881 OF 2020(I)

admission for respondents 1 and 2. Urgent notice before admission

by speed post was ordered to the 3 rd respondent returnable within

ten days. This Court granted an interim order directing the 2 nd

respondent to ensure that the law and order is maintained and, if

necessary, to afford adequate protection to the life of the

petitioners from any incursions by the 3rd respondent.

4. Heard the learned counsel for the petitioners, the

learned Government Pleader appearing for respondents 1 and 2,

and also the learned counsel for the 3rd respondent.

5. The Kerala Police Act, 2011 is enacted to consolidate and

amend the law relating to the establishment, regulation, powers

and duties of the Police Force in the State of Kerala and for matters

connected therewith and incidental thereto. Chapter II of the Act

deals with duties and functions of Police. Section 3 of the Act deals

with general duties of Police. As per Section 3, the Police, as a

service functioning category among the people as part of the

administrative system shall, subject to the Constitution of India and

the laws enacted thereunder, strive in accordance with the law, to

ensure that all persons enjoy the freedoms and rights available

under the law by ensuring peace and order, integrity of the nation, WP(C).No.13881 OF 2020(I)

security of the State and protection of human rights. Section 4 of

the Act deals with functions of Police. As per Section 4, the Police

Officers shall, subject to the provisions of the Act, perform the

functions enumerated in clauses (a) to (s) of Section 4. As per

clause (a), the Police Officers shall enforce the law impartially; and

as per clause (b), the Police Officers shall protect the life, liberty,

property, human rights and dignity of all persons in accordance

with the law.

6. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."

7. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the WP(C).No.13881 OF 2020(I)

responsibilities of the police is protection of life, liberty and

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of investigation

is ultimately to search for truth and bring the offender to the book.

The Apex Court reiterated the said principle in Ankush Maruti

Shinde v. State of Maharashtra [(2019) 15 SCC 470].

8. The learned counsel for the 3rd respondent would submit

that the said respondent has absolutely no intention to cause any

threat to the life and property of the 1st petitioner and also the 2nd

petitioner and that, he will not interfere with their possession of the

property in question.

9. The learned Government Pleader, on instructions from

the 2nd respondent, would submit that there is no threat to law and

order and the main grievance of the 1st petitioner is that the 3rd

respondent is not taking care the 1st petitioner-mother and the 2nd

petitioner-sister.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of with the

following directions:

(i) The 2nd respondent Station House Officer shall take WP(C).No.13881 OF 2020(I)

necessary steps to ensure that there is no threat to law

and order in the locality, at the instance of the 3 rd

respondent.

(ii) In case there is any threat to the life and property of

the petitioners from the side of the 3rd respondent, the

1st petitioner shall move the 2nd respondent Station

House Officer with a request for Police protection.

(iii) In case any such request for Police protection is made

by the 1st petitioner, the 2nd respondent shall take

necessary action on that request, without any delay,

taking note of the statutory provisions referred to

hereinbefore and also the law laid down in the decisions

referred to supra.

No order as to costs.

Sd/-

                                             ANIL K.NARENDRAN
JV                                                  JUDGE
 WP(C).No.13881 OF 2020(I)






                                APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  THE TRUE COPY OF THE TAX RECEIPT ISSUED
                            FROM THE CHENGALOOR VILLAGE OFFICE TO THE
                            2ND PETITIONER DATED 18.6.2020.

EXHIBIT P2                  THE TRUE COPY OF THE COMPLAINT SUBMITTED
                            BY THE 1ST PETITIONER BEFORE THE 1ST
                            RESPONDENT WITH COPY TO THE 2ND
                            RESPONDENT DATED 1.7.2020.