Kerala High Court
Sri.A.K.Balakrishnan Nair vs The District Police Chief on 1 July, 2021
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. 11602 OF 2021
PETITIONER/S:
SRI.A.K.BALAKRISHNAN NAIR
AGED 92 YEARS
S/O. LATE KINHIKANNA NAIR,
NELLULI VILLA, EDAKULAM, P.O.
KOYILANDI, KOZHIKODE 673 001.
BY ADVS.
P.JAYABAL MENON
REKHA AGARWAL
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF
KOZHIKODE RURAL, VATAKARA P.O.
KOZHIKODE 673 101.
2 THE CIRCLE INSPECTOR OF POLICE,
KOYILANDY, KOYILANDY P.O.
KOZHIKODE 673 305.
3 SHRI. VENU,
FATHERS NAME AND AGE NOT KNOWN,
PALODERI HOUSE, MELOOR P.O.
KOZHIKODE 673 306.
4 RAJILESH,
FATHERS NAME AND AGE NOT KNOWN,
NELLULLI PARAMBU, EDAKULAM P.O.
KOYILANDI, KOZHIKODE 673 001.
BY ADVS.
M.SANTHI (K/868/2011)
G.RANJU MOHAN
WP(C) NO. 11602 OF 2021
2
OTHER PRESENT:
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. 11602 OF 2021
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No.11602 OF 2021
===================
Dated this the 1st day of July 2021
JUDGMENT
Petitioner a retired government servant aged 92
years living along with his wife aged 74 years.
According to the petitioner, there is threat to the life of
the petitioner from respondents 3 and 4. Hence, the
above writ petition is filed with following prayers;
"(I) Issue a writ in the nature of mandamus
or such other writ, order or direction commanding the
1st and 2nd respondent to consider Exhibit Pl and P2
representations and accord adequate and effective
protection to the petitioner's life and said property.
(ii) Issue a writ in the nature of mandamus or
such other writ, order or direction commanding the 1st
and 2nd respondent to take appropriate action against
respondents 3 and 4, in the event of any breach of
peace from the side, including registering appropriate
cases for offences against public order.
(iii) Issue such other appropriate writ, order
or direction as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case"
WP(C) NO. 11602 OF 2021
2. This Court issued notice to respondents 3 and 4
by speed post. The notice issued to respondent No. 4 is
returned with an endorsement 'Not Known'. The learned
counsel appearing for 3rd respondent submitted that, the
averments in the writ petition are not correct and there is
no threat to the life of the petitioner from the side of the 3 rd
respondent.
3. The learned Government Pleader also submitted
that, if there is any threat to the life of the petitioner, the
police will do the needful. In the light of the above
submissions and also the way in which this writ petition
going to be disposed, I think, no fresh notice is necessary to
4th respondent. If the 4th respondent is aggrieved by any of
the directions in this writ petition, he is free to file a review
petition.
4. Therefore, this writ petition is disposed retaining
the interim order in the following directions.
WP(C) NO. 11602 OF 2021
1) If there is any threat to the life of the petitioner,
the petitioner can approach the 2 nd respondent with a
complaint.
2) If such a complaint is filed, the 2 nd respondent will
do the needful and afford police protection to the life of the
petitioner and his wife.
3. I make it clear that if there is any dispute about
the property, the petitioner and the contesting respondents
can approach the civil court in accordance to law.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 11602 OF 2021
APPENDIX OF WP(C) 11602/2021
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONER BEFORE RESPONDENT 2 DATED
12/03/2021.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY
PETITIONER BEFORE RESPONDENT 2 DATED
24/03/2021.
// True Copy //
PA to Judge
