Kerala High Court
Kunju Muhammed vs Superintendent 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. 25489 OF 2019
PETITIONERS:
KUNJU MUHAMMED
AGED 44 YEARS
S/O. SAID, MUTHUVASSERRY HOUSE,
PANIPRA KARA, THRIKKARIYOOR VILLAGE,
KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADVS.
THAMPAN THOMAS
SRI.B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
RESPONDENTS:
1 SUPERINTENDENT OF POLICE
ALUVA RURAL, ERNAKULAM DISTRICT, 683 101.
2 CIRCLE INSPECTOR OF POLICE,
KURUPPAMPADY POLICE STATION,
KURUPPAMPADY, ERNAKULAM 683 010.
3 STATION HOUSE OFFICER,
KOTTAPPADY POLICE STATION,
KOTTAPPADY, ERNAKULAM 683 010.
4 NAVAS,
S/O. PAREED,
ATTAYAM HOUSE, PANIPRA P.O.,
KOTTAPADY, KOTHAMANGALAM,
ERNAKULAM 686 692.
5 PAREEKUTTY,
AGED 55 YEARS
S/O. MEERAKUTTY,
THOTTATHIKKUDY HOUSE, NOOLELY,
ASAMANNOOR VILLAGE, ASAMANNOOR P.O.
PERUMBAVOOR,
WP(C) NO. 25489 OF 2019
2
ERNAKULAM 683 549.
6 ABOOBACKER,
AGED 50 YEARS
S/O. MEERAKUTTY,
RESIDING AT THTTATHIKKUDY HOUSE,
NELLIKUZHY, IRAMALLOOR VILLAGE,
KOTHAMANGALAM, ERNAKULAM 686 691.
OTHER PRESENT:
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. 25489 OF 2019
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No.25489 OF 2019
===================
Dated this the 06th day of July 2021
JUDGMENT
The above writ petition is filed with following prayers;
"(i) To direct the respondents 2 & 3 to
afford necessary police protection to the life and
property of the petitioner.
(ii) To issue a direction to the 1st
respondent to enquire through the 2nd respondent
about the state of affairs and to take appropriate
action against the respondents 4 to 6 and their
illegal activities.
(iii) To issue such other appropriate writ,
order or direction as this Hon'ble Court deems fit
and necessary in the case; and
(iv) To award the cost of the petition."
2. When this writ petition came up for consideration on
04.10.2019 this Court passed an order, which is extracted
hereunder;
WP(C) NO. 25489 OF 2019
"There is no appearance for respondents 4 to 6
despite service of notice by special messenger.
In the light of the Ext.P3 case, I deem it appropriate
to pass an interim order directing respondents 1 and 2 to
take appropriate steps to protect the life of the petitioner.
Ordered accordingly."
3. Today when this matter came up for consideration, the
learned counsel for the petitioner submitted that, in the light of
the interim order, this Court may kindly dispose the writ
petition. The learned counsel submitted that, the police is giving
sufficient protection to the petitioner and there is no law and
order issue at present. If there is any problems in future, the
petitioner will approach the Station House Officer concerned.
4. The learned Government Pleader submitted that, there
is no law and order issue at present and if there is any problem,
the Station House Officer concerned will do the needful in
accordance to law.
5. In the light of the above submission this writ petition
is disposed retaining the interim order with following further
WP(C) NO. 25489 OF 2019
directions:-
1) The petitioner can approach the Station House Officer
concerned with a representation, if there is any law and order
problem.
2) If such a representation is received from the
petitioner, the Station House Officer concerned will do the
needful in accordance with law, in the light of the interim order
passed by this Court on 04.10.2019.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 25489 OF 2019
APPENDIX OF WP(C) 25489/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE ORDER OF INJUNCTION IN
I.A. NO. 2875/2019 IN O.S. NO. 443/2019
DATED 20.8.2019.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO. 24030
OF 2019 DATED 4.9.2019.
EXHIBIT P3 TRUE COPY OF THE FIR NO. 415/2019 OF
KOTTAPADY POLICE STATION DATED 17.9.2019.
// True Copy //
PA to Judge
