John Thomas vs The Deputy Superintendent Of ...
2021 Latest Caselaw 1070 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                  WP(C).No.27687 OF 2020(I)


PETITIONERS:

     1       JOHN THOMAS
             AGED 58 YEARS
             S/O. K.C. THOMAS, KOCHUKOICKAL VEETTIL, MUTTAM
             MURI, CHEPPAD.

     2       K. GOPAKUMAR
             AGED 49 YEARS
             S/O. KUNJIRAMAN, ADVOCATE, CHIEF ELECTION
             AGENT, JYOTHIR GAMAYA, MUTHUKULAM NORTH,
             CHOLATHERUVU P.O., MUTHUKULAM.

             BY ADV. SRI.K.R.SUNIL

RESPONDENTS:

     1       THE DEPUTY SUPERINTENDENT OF POLICE,
             KAYAMKULAM-690502.

     2       THE SUB INSPECTOR OF POLICE,
             KANAKAKKUNNU POLICE STATION, KANAKAKKUNNU-
             690535.

     3       THE SECRETARY,
             CPI(M), KARTHIKAPPALLY, AREA COMMITTEE, AREA
             COMMITTEE OFFICE, CHOOLATHERUVU P.O.,
             MUTHUKULAM-690506.


             R BY SMT K.AMMINIKUTTY -SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 12.01.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
                                        -2-
WP(C).No.27687 OF 2020(I)


                            JUDGMENT

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 consider Exts.P1 and P2

complaints dated 09.12.2020 submitted by them to provide

adequate and effective police protection to their life and

properties and also to their counting agents and the other

affiliated members of the United Democratic Front on

16.12.2020 at the premises of the counting station located at

Muthukulam High School Samajam Higher Secondary School.

2. On 11.12.2020, when this writ petition came up for

admission, this Court issued notice before admission to the

respondents. The learned Government Pleader took notice for

respondents 1 and 2 and this Court issued notice by speed

post to the 3rd respondent. This Court granted an interim

order directing respondents 1 and 2 to afford effective

protection to the life of the petitioners and their counting

agents. The official respondents were also directed to ensure

that peace and tranquility is maintained at Muthukulam High

School Samajam Higher Secondary School, where the

counting of votes polled in the LSG election is to take place on

WP(C).No.27687 OF 2020(I)

16.12.2020.

3. Today, when the case is taken up for consideration,

the learned Government Pleader would submit that in terms of

the interim order of this Court dated 11.12.2020, the 2 nd

respondent afforded necessary police protection and the

counting of votes polled in the LSG election was conducted at

Muthukulam High School Samajam Higher Secondary School,

peacefully.

In such circumstances, this writ petition is disposed of

recording the fact that in terms of the interim order dated

11.12.2020, the counting of votes polled in the LSG election

has already been conducted peacefully, at Muthukulam High

School Samajam Higher Secondary School.

Sd/-

ANIL K.NARENDRAN, JUDGE

AV/12/1

WP(C).No.27687 OF 2020(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT DATED 09/12/2020 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 09/12/2020 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.