Korah John vs The Station House Officer
2021 Latest Caselaw 14197 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                         WP(C) NO. 18747 OF 2019
PETITIONER:


              KORAH JOHN
              AGED 59 YEARS
              S/O. LATE M.K. JOHN, MILGRAM PLANTATIONS, MLAMALA,
              THENGAKKAL P.O, VANDIPERIYAR-685533.
              BY ADVS.
              B.ASHOK SHENOY
              SRI.K.V.GEORGE
              SRI.P.N.RAJAGOPALAN NAIR
              SRI.P.S.GIREESH
              SRI.RIYAL DEVASSY


RESPONDENTS:


     1        THE STATION HOUSE OFFICER
              VANDIPERIYAR POLICE STATION, VANDIPERIYAR P.O, 685533.
     2        K.M. RAJU,
              S/O. ACHARI, MLAMALA ESTATE, MLAMALA, THENGAKKAL P.O,
              VANDIPERIYAR-685533.
     3        VINOD VIJAYAN,
              S/O. VIJAYAN, MLAMALA ESTATE, MLAMALA, THENGAKKAL P.O,
              VANDIPERIYAR-685533.
     4        GURUSWAMI,
              S/O. MAHALINGAM, MLAMALA ESTATE, MLAMALA, THENGAKKAL P.O,
              VANDIPERIYAR 685533.
     5        MUNIYANDI,
              S/O. RAMAYYA, KANADIMADOM COLONY, MLAMALA, THENGAKKAL
              P.O, VANDIPERIYAR 685533.
     6        N.PANDALAM RAJAN,
              S/O.NARAYANAN, MLAMALA, THENGAKKAL P.O, VANDIPERIYAR
              685533.
 WP(C) NO. 18747 OF 2019

                                   2



     7     SENTHIL,
           S/O. ANANDAN, MLAMALA, THENGAKKAL P.O,
           VANDIPERIYAR 685533.
ADDL. R8. JOHN ZACHARIAH,
          MARIKUDIYIL HOUSE, PAZHANGANAD, KIZHAKKAMBALAM
          P.O., PIN-683562
ADDL. R9. MATHEW JOHN,
          MLAMALA ESTATE, MLAMALA, THENGAKKAL P.O.,
          VANDIPERIYAR-685533.
ADDL. R10 JOHN KURIAN,
          MARIKUDIYIL HOUSE, PAZHANGANAD, KIZHAKKAMBALAM
          P.O., PIN-683562.

           (ADDITIONAL R8 TO R10 ARE IMPLEADED AS PER ORDER
           DATED 11/07/2019 IN IA 01/2019)
           R2 TO R10 BY ADV SRI.G.SREEKUMAR (CHELUR)
           R1 BY SRI.N.B.SUNIL NATH, GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.07.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18747 OF 2019

                                    3




                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.18747 of 2019
               ----------------------------------------------
              Dated this the 08th day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 1 st respondent to provide adequate and necessary protection to the petitioner's life and that of his wife as also their properties, without any let or hindrance from respondents nos.2 to 7 as also their men.

ii. Grant such other and further reliefs as are deemed just and necessary in the facts and circumstances of the case including the costs of this proceedings.

2. When this writ petition came up for consideration on

earlier occasion, this Court directed the parties to settle the

issue. But it seems that there is no settlement and civil cases are

also pending before the civil court. The counsel for the petitioner

submitted that there is a decree in his favour. I don't want to

make any observation about the civil dispute or the decree

passed by the civil court.

WP(C) NO. 18747 OF 2019

Considering the facts and circumstances, I think this writ

petition can be disposed in the following manner:

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 complaint.

2. If such a complaint is received, the Station House

Officer will do the needful in accordance to law

to see that there is no threat to the life of the

petitioner.

3. All other contentions of the petitioner and the

contesting respondents are left open.

With the above observations, this writ petition is disposed

of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C) NO. 18747 OF 2019

APPENDIX OF WP(C) 18747/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO.3 OF 2008 DATED 1.1.2008 OF PEERMADE SUB REGISTRY.

EXHIBIT P2 TRUE COPY OF OUT PATIENT TICKET NO.203, 32291 DATED 28.8.2018 ISSUED BY COMMUNITY HEALTH CENTRE, VANDIPERIYAR TO PETITIONER.

EXHIBIT P3 TRUE COPY OF OUT PATIENT TICKET NO.C.

63736/2018 DATED 28.8.2018 ISSUED BY GENERAL HOSPITAL, KANJIRAPPALLY TO PETITIONER.

EXHIBIT P4 TRUE COPY OF FINAL REPORT NO.451/18 IN C.C NO.21 OF 2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT.II, PEERMADE.

EXHIBIT P5 TRUE COPY OF FIRST INFORMATION REPORT NO.444/2018 DATED 11.12.2018 FILED BY SUB INSPECTOR OF POLICE, OF 1ST RESPONDENT BEFORE THE HON'BLE GRAMANYAYALAYA PEERMADE AZHUTHA. EXHIBIT P6 TRUE COPY OF FIRST INFORMATION REPORT NO.109/2019 DATED 14.03.2019 FILED BY SUB INSPECTOR OF POLICE, OF 1ST RESPONDENT BEFORE THE HON'BLE GRAMANYAYALAYA PEERMADE AZHUTHA. EXHIBIT P7 TRUE COPY OF FIRST INFORMATION REPORT NO.54/2019 DATED 8.4.2019 FILED BY SUB INSPECTOR OF POLICE OF 1ST RESPONDENT BEFORE THE HON'BLE GRAMANYAYALAYA PEERMADE AZHUTHA.

EXHIBIT P8 TRUE COPY OF THE INJUNCTION ORDER DATED 26.06.2019 IN IA NO.425 OF 2019 IN OS NO.133 OF 2019 BEFORE THE MUNSIFF'S COURT, PEERMADE.

WP(C) NO. 18747 OF 2019

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 3.7.2019 SUBMITTED BY PETITIONER TO 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF RECEIPT NO.90370 DATED 4.7.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER.

EXHIBIT P11 TRUE COPY OF PLAINT DATED 16.4.2013 FILED BY 8TH AND 9TH PETITIONERS IN O.S. NO-142 OF 2013 BEFORE THE SUBORDINATE JUDGE'S COURT,KATTAPPANA EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 7.3.2019 IN O.S. NO-163 OF 2013 BEFORE THE SUBORDINATE JUDGE'S COURT,KATTAPPANA EXHIBIT P13 TRUE COPY OF DECREE DATED 7.3.2019 IN O.S. NO-163 OF 2013 BEFORE THE SUBORDINATE JUDGE'S COURT,KATTAPPANA EXHIBIT P14 TRUE COPY OF FIRST INFORMATIONREPORT DATED 19.7.2019 IN CRIME NO-308 OF 2019 VANDIPERITAR POLICE STATION EXHIBIT P15 TRUE COPY OF REPORT NO-

464/PTN/02/DCRB/14-ID DATED 3.6.2014 OF THE DEPUTY SUPREINTENDENT OF POLICE,CRIME RECORDS BUREAU,IDUKKI ADDRESSED TO SUPERINTENDENT OF POLICE,IDUKKI EXHIBIT P16 TRUE COPY OF REPORT NO-

464/PTN/02/DCRB/14-ID DATED 4.6.2014 OF THE DEPUTY SUPREINTENDENT OF POLICE,CRIME RECORDS BUREAU,IDUKKI ADDRESSED TO SUPERINTENDENT OF POLICE,IDUKKI EXHIBIT P17 TRUE COPY OF REPORT NO-

464/PTN/02/DCRB/14-ID DATED 11.6.2014 OF THE DEPUTY SUPREINTENDENT OF POLICE,CRIME RECORDS BUREAU,IDUKKI ADDRESSED TO SUPERINTENDENT OF POLICE,IDUKKI EXHIBIT P18 TRUE COPY OF ORDER DATED 29-7-2019 IN CRL.MC NO-532/2019 OF THE SESSIONS WP(C) NO. 18747 OF 2019

COURT,THODUPUZHA EXHIBIT P19 TRUE COPY OF COMPLAINT DATED 1.8.2019 OF ASANAR AND 202 OTHERS SUBMITTED TO CHIEF MINISTER OF KERALA EXHIBIT P20 TRUE COPY OF COMPLAINT DATED 9.5.2019 SUBMITTED BY PRAKASH AND 63 OTHERS BEFORE THE VANDIPERIYAR POLICE STATION WITH RECEIPT NO-62858/2019 DATED 10.5.2019 ISSUED BY VANDIPERIYAR POLICE STATION

RESPONDENTS' EXHIBITS EXHIBIT R8(A): A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN OPC.NO.3167 AND 3440 OF 2013 DATED 27/11/2013.

EXHIBIT R8(B): A TRUE COPY OF THE JUDGMENT DELIVERED IN O.S.NO.149 OF 2018 DATED 25/01/2019 ON THE FILE OF THE MUNSIFF COUER, PEERUMEDU EXHIBIT R8(C): A TRUE COPY OF THE CHRONOLOGICAL LIST PREPARED BY THE 8TH RESPONDENT DATED NIL.

EXHIBIT R8(D): A TRUE COPY OF THE FIR IN CRIME NO.307 OF 2019 REGISTERED ON 19/07/2019 BY THE VANDIPERIYAR POLICE.

EXHIBIT R8(E): A TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.565 OF 2018 DATED 06/02/2018 BY THIS HON'BLE COURT.

EXHIBIT R8(F) A TRUE COPY OF THE PLAINT IN OS NO.149 OF 2018 ON THE FILE OF THE MUNSIFF COURT, PEERUMEDU DATED 21.08.2018