Manjusha Muraleedharan vs The Circle Inspector Of Police
2021 Latest Caselaw 13577 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         WP(C) NO. 28639 OF 2019
PETITIONERS:

     1     MANJUSHA MURALEEDHARAN
           AGED 36 YEARS
           W/O. AJITH V. NAIR, VISWAVIJAYAM HOUSE, THRIKODITHANAM
           VILLAGE, NOW RESIDING AT POLAKKAL HOUSE, PERUMPANACHY P.O.,
           PIN-686 536,MADAPPALLY VILLAGE, CHANGANCHERRY TALUK,
           KOTTAYAM DISTRICT

     2     MRALEEDHARAN PILLAI,
           AGED 70 YEARS
           S/O.KARUNAKARAN PILLAI, LEXMI MANDIRAM HOUSE, PONGARA P.O.,
           KAINAKARI VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT

           BY ADVS.
           LALJI P.THOMAS
           SRI.DEEPAK THOMAS



RESPONDENTS:

     1     THE CIRCLE INSPECTOR OF POLICE
           THRIKKODITHANAM,KOTTAYAM-686 105

     2     MANU MAHTEW,
           S/O. K.M.MATHEW, KANJIRATHUMMOOTTIL HOUSE,
           MADAPPALLY VILLAGE, CHANGANCHERY TALUK,
           PERUMPANACHY P.O,KOTTAYAM DISTRICT-686 536

     3     K.M.SCARIA KARIYAKUTTY
           KANJIRATHUMMOOTTIL HOUSE, MADAPPALLY VILLAGE,
           CHANGANCHERY TALUK, KOTTAYAM DISTRICT-686 536

           BY ADV SRI.SHIBU JOSEPH

           SRI. N. B SUNIL NATH, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28639 OF 2019
                                   2




                P.V.KUNHIKRISHNAN, J.
             ===================
               WP(C) No.28639 OF 2019
             ===================
           Dated this the 1st day of July 2021


                         JUDGMENT

The above writ petition is filed with following

prayers;

"i) To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the 1st respondent to provide adequate police protection to the life and property of the petitioners.

ii) To issue a direction to the 1st respondent to provide adequate protection for enclosing the petitioners' property by putting upon boundary wall/strong fencing.

iii) Issue such any other writ order or direction as this Honourable Court deems fit to meet the ends of justice."

2. When this writ petition came up for consideration

on 26.10.2019 this Court passed the following orders, which

is extracted hereunder;

WP(C) NO. 28639 OF 2019

"Admit.

Learned Government Pleader takes notice for the 1st respondent. Notice to respondents 2 and 3 by special messenger.

In case petitioners apprehends any threat to their life, they shall inform the Station House Officer, who shall afford adequate protection to the petitioners."

3. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that, the

interim order may be retained and the writ petition may be

disposed.

4. The learned counsel for the contesting respondents

submitted that, if this Court is disposing the matter based on

the interim order all the civil rights of the contesting

respondents may be left open.

5. The learned Government Pleader submitted that,

there is no law and order issue and if there is any law and

order issue, the police will do the needful. In the light of the

above submissions, I think this writ petition can be disposed

retaining the interim order with the following additional

directions.

WP(C) NO. 28639 OF 2019

1) If there is any law and order issue, the petitioner

is free to approach the Station House Officer concerned with

a representation.

2) If such a representation is received from the

petitioner, the Station House Officer concerned will do the

needful in accordance to law.

3) All other contentions of the petitioner and the

contesting respondents are left open.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 28639 OF 2019

APPENDIX OF WP(C) 28639/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1923/15 OF THENGUNA SUB REGISTRY DATED 3.10.2015

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.326/2016 OF THENGUNA SUB REGISTRY DATED 17.2.2016

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, MADAPPALLY DATED 16.10.2019

EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, MADAPPALLY DATED 16.10.2019

EXHIBIT P5 TRUE COPY OF THE PLAINT O.S.NO. 262/2016 FILED BEFORE THE MUNSIFF COURT, CHANGANASSERY DATED 4.7.2016

EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.10.2019

// True Copy //

PA to Judge