Philip Baby vs The Superintendent Of Police ...
2021 Latest Caselaw 13947 Ker

             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. 35942 OF 2019
PETITIONERS:

     1       PHILIP BABY
             AGED 78 YEARS
             S/O.M.C.BABY, PARAVILA KONATH POTHEN VEEDU,
             THINKALKARIKKAM.P.O., CHANDANAKKAVU, PUNALOOR
             TALUK, KOLLAM.
     2       ROSAMMA PHILIP
             AGED 67 YEARS
             W/O.PHILIP BABY, PARAVILA KONATH PUTHEN VEEDU,
             THINKALKARIKKAM.P.O., CHANDANAKKAVU, PUNALOOR
             TALUK, KOLLAM
             BY ADV M.R.SASITH

RESPONDENTS:

     1       THE SUPERINTENDENT OF POLICE (RURAL)
             KOTTARAKKARA, PIN-691506
     2       THE CIRCLE INSPECTOR OF POLICE
             KOLATHUPUZHA POLICE STATION, KOLLAM DIST PIN-679503
     3       THE SUB INSPECTOR OF POLICE
             KOLATHUYPUZHA POLICE STATION, KOLLAM DIST, PIN-
             679503
     4       GEORGE B PHILIP
             S/O.PHILIP BABY, PARAVILAKONATH PUTHEN VEEDU,
             PACHAYILKADA, THINKALKARIKKAM.P.O., CHANDANAKKAVU,
             PUNALOOR TALUK, KOLLAM PIN-691305
     5       EMI GEORGE
             W/O.GEORGE B PHILIP, PARAVILAKONATH PUTHEN VEEDU,
             PACHAYILKADA, THINKALKARIKKAM.P.O., CHANDANAKKAVU,
             PUNALOOR TALUK, KOLLAM PN-691305

             R1-2 BY SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.35942 OF 2019

                                     2



                       P.V.KUNHIKRISHNAN, J
                 -------------------------------
                     W.P.(C)No.35942 of 2019
                --------------------------------
                             JUDGMENT

Dated this the 6th day of July 2021

This writ petition is filed by the petitioners,

seeking the following prayers:-

"a) Issue a writ of mandamus or any other

appropriate writ, direction or order directing

the respondents 1 to 3 to provide adequate

and effective police protection to life of the

petitioners from threat of the 4th respondent

and 5th respondent.

b) Issue a writ of mandamus or any other

appropriate writ, direction or order directing

the respondents 1 to 3 to consider and act on

Exhibit P6 complaint."

2. When this writ petition came up for

consideration on 31.12.2019 this court passed the following

order:-

W.P.(C) No.35942 OF 2019

"Admitted.

The learned Government Pleader takes notice for

respondents 1 to 3. Issue urgent notice by speed post to

respondents 4 and 5.

In the light of the fact that the petitioners has been

granted Ext.P3 interim protection order by the Judicial First

Class Magistrate, punaloor under the Protection of Women

from Domestic Violence Act, I direct the respondents 2 and 3

to provide effective police protection to the life of the

petitioners for a period of one month.

The learned Government Pleader is directed to get

instructions."

3. The same was extended subsequently and is

in force even now.

4. The counsel for the petitioners submitted that

the 4th respondent is the son of the petitioners. There is

threat from 4th and 5th respondents. Fifth respondent is the

wife of the 4th respondent. The counsel submitted that the

interim order may be retained while disposing the writ

petition. According to the counsel, even now there is threat W.P.(C) No.35942 OF 2019

from the 4th and 5th respondents.

5. The Government Pleader submitted that the police

will do the needful to protect the life of the petitioners who

are senior citizens. The Government Pleader submitted that

the police officer concerned will take necessary steps in this

regard.

In the light of the above submission, I think this writ

petition can be disposed, retaining the interim order with the

following further directions:-

1. If there is any law and order issue, the petitioners are

free to approach the Station House Officer concerned.

2. if such a representation is received, the Station House

Officer concerned will do the needful in the light of the

interim order passed by this court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SSK/06/07 W.P.(C) No.35942 OF 2019

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.483/2019 OF THE KULATHOOR POLICE STATION DATED 12.04.2019 EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BEFORE REVENUE DIVISIONAL COURT AT PUNLOOR DATED 17.04.2019 EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR THE PROTECTION AND WELFARE OF THE PARENTS AND SENIOR CITIZENS AND SUB DIVISION MAGISTRATE COURT OF PUNALUR EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE, PUNALOOR DATED 26.04.2019 EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED B THE SAJAN BEFORE THE 1ST RESPONDENT DATED 10.10.20 EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

RESPONDENT'S EXHIBITS:NIL

SSK //TRUE COPY// PA TO JUDGE