Cherchi vs District Police Chief Malappuram
2021 Latest Caselaw 13623 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. 22834 OF 2019
PETITIONER:

              CHERCHI
              AGED 75 YEARS
              W/O.LATE CHELLY, THOTTUPURATH,
              CHERUKUNNU, PUTHOOR,
              MALAPPURAM DISTRICT, PIN-676 503.

              BY ADVS.
              SAIJO HASSAN
              SRI.BENOJ C AUGUSTIN
              SRI.RAFEEK. V.K.
              SRI.U.M.HASSAN
              SMT.P.PARVATHY
              SMT.SURYA P SHAJI
              SHRI.MANAS P HAMEED



RESPONDENTS:

     1        DISTRICT POLICE CHIEF MALAPPURAM
              OFFICE OF DISTRICT POLICE CHIEF,
              MALAPPURAM, PALAKKAD, STATE HIGHWAY,
              NEAR MST, UP HILL, MALAPPURAM,
              KERALA-676 505.

     2        CIRCLE INSPECTOR OF POLICE,
              KOTTAKKAL POLICE STATION,
              KOTTAKKAL ANAPPARA KADAMPUZHA ROAD,
              KOTTAKKAL, KERALA-676 503.

     3        STATION HOUSE OFFICER,
              KOTTAKKAL POLICE STATION,
              KOTTAKKAL ANAPPARA KADAMPUZHA ROAD,
              KOTTAKKAL, KERALA-676 503.

     4        MANIKANDAN ALIAS RAMESH,
              S/O.CHAKKAN, THOTTUPURATH VEETTIL,
              CHERUKUNNU, PUTHOOR,
 WP(C) NO. 22834 OF 2019
                                   2



             MALAPPURAM DISTRICT, PIN-676 503.

    5        BAIJU ALIAS KUTTAN,
             S/O.CHAKKAN, THOTTUPURATH VEETTIL,
             CHERUKUNNU, PUTHOOR,
             MALAPPURAM DISTRICT, PIN-676 503.


             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. 22834 OF 2019
                                     3



                P.V.KUNHIKRISHNAN, J.
              ===================
               WP(C) No.22834 OF 2019
              ===================
           Dated this the 1st day of July 2021


                          JUDGMENT

The above writ petition is filed with following

prayers;

"(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 3 to grant adequate Police protection to the life of the petitioner and to take appropriate penal action against respondents 4 and 5 and their men.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 3 to provide adequate police protection to the residence of the petitioner.

iii) Issue a direction to the respondents 1 to 3 to consider Exhibit P1 representation and to take appropriate action.

iv) Grant such other reliefs as may be prayed for in the circumstances of the case."

2. When this writ petition came up for consideration

on 09.10.2019 this Court passed an order, which is extracted

hereunder;

WP(C) NO. 22834 OF 2019

"Admit. Issue notice respondents 4 and 5. pending disposal of the writ petition, the third respondent shall render protection to the life of the petitioner."

3. When this matter came up for consideration, the

learned counsel for the petitioner submitted that, now there

is no law and order issue and this writ petition may be

disposed retaining the interim order.

4. The learned Government Pleader submitted that, a

civil case is pending between the petitioner and the

contesting respondents as OS No. 203 of 2019 before the

Munsiff court, Thirur. The learned Government Pleader also

submitted that, there is no law and order issue at present. In

the light of the above submissions, I think this writ petition

can be disposed allowing the petitioner to approach the

Station House Officer concerned, if there is any threat to the

life of the petitioner. All other contentions of the petitioner

and contesting respondents can be left open. Therefore, this

writ petition is disposed in the following manner. WP(C) NO. 22834 OF 2019

1) If there is any threat to the life of the petitioner, 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 afford

adequate police protection to the life of the petitioner.

3) All contentions of the petitioner and the contesting

respondents in the pending suit and other civil disputes are

left open.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 22834 OF 2019

APPENDIX OF WP(C) 22834/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 06.08.2019 SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 TO 3.

                       // True Copy     //

                          PA to Judge