Kerala High Court
Basheerkutty vs Station House Officer on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA,
1942
WP(C).No.609 OF 2021(A)
PETITIONER/S:
BASHEERKUTTY, AGED 62 YEARS
GIRIJA BHAVAN, NEAR KARIMBOLIKULAM,
KANNIMELCHERRY, KAVANAD P. O.,
KOLLAM - 691 003.
BY ADVS.
SRI.P.SIVARAJ
SRI.I.P.VARGHESE
SMT.M.M.LAIJU NISSA
SMT.R.SUDARSANA DEVI
RESPONDENT/S:
1 STATION HOUSE OFFICER
SAKTHIKULANGARA POLICE STATION,
KOLLAM - 691 581.
2 VISWAMBARAN, AGED 52 YEARS
KALARCHELATH KIZHAKKATHIL, KUREEPUZHACHERRY,
SAKTHIKULANGARA VILLAGE, KOLLAM - 691 581.
OTHER PRESENT:
SRI SUNIL NATH N.B-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
W.P.(C). No. 609 of 2021
JUDGMENT
The petitioner, who is the owner of an autorickshaw
bearing Reg.No.KL-02/AY-4528, has filed this writ petition
under Article 226 of the Constitution of India, seeking a writ of
mandamus commanding the 1st respondent Police to provide
him sufficient, adequate, necessary and effective police
protection to ply his authorickshaw, within the jurisdiction
from the 2nd respondent. The petitioner has also sought for a
writ of mandamus commanding the 1 st respondent to consider
and take necessary action on Ext.P1 representation dated
17.11.2020 within a time limit to be fixed by this Court.
2. On 08.01.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission. Urgent notice on admission by speed post was
ordered to the 2nd respondent, returnable within two weeks.
The learned Government Pleader was directed to get
instructions and file statement on behalf of the 1 st respondent.
This Court passed an interim order directing the 1 st
respondent to ensure that there is no threat to law and order
in the locality, at the instance of 2nd respondent or others.
W.P.(C). No. 609 of 2021
3. Notice issued to the 2nd respondent returned with
an endorsement 'refused'. Therefore, service of notice was
declared complete on the 2nd respondent, by the order dated
23.02.2021.
4. Heard the learned counsel for the petitioner and
also the learned Government Pleader for the 1 st respondent
Station House Officer.
5. The learned Government Pleader, on instructions,
would submit that in terms of the interim order of this Court
dated 08.01.2021, the 1st respondent has taken necessary
steps to ensure that there is no threat to law and order in the
locality, at the instance of the 2nd respondent.
6. The learned counsel for the petitioner would submit
that, at present, there is no threat to his life from the side of
the 2nd respondent.
In such circumstances, recording the aforesaid
submission made by the learned counsel for the petitioner,
this writ petition is closed.
Sd/-
ANIL K.NARENDRAN
JUDGE
das
W.P.(C). No. 609 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT DATED 17.11.2020.
