Kerala High Court
Devaki Sreedharan vs The Sub Inspector Of Police on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 35481 OF 2019
PETITIONER/S:
1 DEVAKI SREEDHARAN
AGED 81 YEARS
W/O LATE SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
KAITHARAM P.O.NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683 519.
2 UDAYAN,
AGED 999 YEARS
S/O SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
KAITHARAM P.O.NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683 519.
3 VISWANADHAN,
AGED 999 YEARS
S/O SREEDHARAN, MADATHUMPADICKAL HOUSE, KOTTUVALLI,
KAITHARAM P.O.NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-683 519.
BY ADV NIREESH MATHEW
RESPONDENT/S:
1 THE SUB INSPECTOR OF POLICE
NORTH PARAVUR POLICE STATION, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN-683 513.
2 THE CIRCLE INSPECTOR OF POLICE,
VADAKKEKARA POLICE STATION, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN-683 522.
3 THE DEPUTYSUPERINTENDENT OF POLICE (RURAL),
ALUVA, ERNAKULAM DISTRICT, PIN-683 101.
4 THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER),
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.
WP(C) NO. 35481 OF 2019
2
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
6 M.A BABU,
S/O AYYAPPAN, MADATHUMPADICKAL HOUSE,
VALLUVALLI, KOONAMMAVU P.O.KOTTUVALLI VILLAGE,
NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 518.
7 THANKARAJ,
S/O KUTTAPPAN, MADATHUMPADICKAL HOUSE,
EDAYATTUPARAMBU, NANTHIYATTUKUNNAM P.O. NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683 518.
8 DEYANANDAN,
S/O KUTTAPPAN, MADATHUMPADICKAL HOUSE,
VALLUVALLIKARA, KOTTUVALLI VILLAGE, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683 513.
9 M.A VENU,
S/O AYYAPPAN, MADATHUMPADICKAL HOUSE, VALLUVALLI
KOONAMMAVU P.O. KOTTUVALLI VILLAGE,NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN-683 518.
BY ADVS.
SRI.R.DIVAKARAN
SRI.BINOI GEORGE (CHERUKARA)
SRI. N.B. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 35481 OF 2019
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 35481 OF 2019
===================
Dated this the 6th day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
"i). Declare that the petitioners are entitled
to get police protection for their life, family
members and property as requested by them as per
Exhibit P5 petition.
ii). Issue a writ of mandamus or other
appropriate writ, order or direction commanding
respondents 1 to 4 to give necessary and adequate
police protection to the life of the petitioners, their
family members, the persons gathering in the family
temple and also to the properties of the petitioners
forthwith, and
iii) Grant such other and further reliefs as
this Hon'ble Court may deem fit in the facts and
circumstances of the case."
2. When this writ petition came up for consideration
on 20.12.2019 this Court passed an order, which is
WP(C) NO. 35481 OF 2019
extracted hereunder;
"Admit.
Government Pleader takes notice for
respondents 1 to 5. Issue notice by special
messenger to respondents 6 to 9.
Pending disposal of the writ petition, the
first respondent shall ensure safety of the
petitioners."
3. The interim order is only to the effect that the 1 st
respondent shall ensure safety of the petitioners. The
learned counsel for the petitioners submitted that, this writ
petition may be closed recording the interim order.
4. The learned counsel for the contesting
respondents submitted that, the allegations against the
contesting respondents are false.
5. The learned Government Pleader submitted that,
there is no threat to the life of the petitioners and if there
is any such issue, the police will do the needful.
6. In the light of the above submissions, I think,
this writ petition can be disposed retaining the interim
order with the following further directions;
WP(C) NO. 35481 OF 2019
1) If there is any threat to the life of the
petitioners, the petitioners are free to approach the Station
House Officer concerned with a representation.
2) If such a representation is received from the
petitioners, the Station House Officer concerned will do the
needful, in the light of the interim order passed by this
Court on 20.12.2019.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 35481 OF 2019
APPENDIX OF WP(C) 35481/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT DATED
30.9.2006 PASSED BY THE ADDL. SUB
COURT, NORTH PARAVUR.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT DATED
29.2.2016 PASSED BY THE ADDL. DISTRICT
JUDGE-11 NORTH PARAVUR.
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT DATED
22.7.2019 IN RA NO 860/2016 PASSED BY
THIS HON'BLE COURT
EXHIBIT P4 PHOTOCOPY OF THE PETITION DATED
16.12.2019 SUBMITTED BEFORE THE 1ST
RESPONDENT
EXHIBIT P5 PHOTOCOPY OF THE PETITION DATED
16.12.2019 SUBMITTED BEFORE THE 1ST
RESPONDENT WITH COPIES TO RESPONDENTS
2 TO 4
EXHIBIT R6(1): THE TRUE COPY OF THE ORDER DATED
29/11/2019 IN I.A.NO.2038/2019 IN
O.S.NO.55/2019 OF SUB COURT, NORTH
PARAVUR.
EXHIBIT R6(2): THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE 6TH RESPONDENT BEFORE
THE 1ST RESPONDENT ON 20/12/2019.
EXHIBIT R6(3): THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE 7TH RESPONDENT BEFORE
THE 1ST RESPONDENT ON 20/12/2019.
// True Copy // PA to Judge
