Venugopal vs State Of Kerala
2021 Latest Caselaw 14201 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. 30547 OF 2019
PETITIONER:

         VENUGOPAL
         AGED 65 YEARS
         S/O. DMODARAN, KAMPANYPARAMBIL, KODUVAZHANGA KARA,
         ALANGAD VILLAGE, PARAVUR TALUK
         BY ADV BASANT BALAJI
RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001


    2    THE DEPUTY SUPERINTENDENT OF POLICE,
         ERNAKULAM (RURAL)
         ALUVA, ERNAKULAM 683101


    3    THE STATION HOUSE OFFICER,
         BINANIPURAM POLICE STATION, BINANIPURAM, N.
         PARAVUR, ERNAKULAM 683514


    4    SABU,
         S/O. DAMODARAN, KAMBANIPARAMBIL, KODUVAZHANGA
         KARA, ALANGAD VILLAGE, N. PARAVUR, ERNAKULAM
         683514


    5    AJAYKRISHNAN,
         S/O. SABU, KAMBANIPARAMBIL, KODUVANZHANGA KARA,
         ALANGAD VILLAGE, N. PARAVUR, ERNAKULAM 683514


    6    SUMA,
         W/O. SABU, KAMBANIPARAMBIL, KODUVANZHANGA KARA,
         ALANGAD VILLAGE, N. PARAVUR, ERNAKULAM 683514
 W.P.(C).No.30547/2019

                                   2


    7          MANJU,
               W/O. SHAJI, KAMBANIPARAMBIL, KODUVAZHANGA KARA,
               ALANGAD VILLAGE, N. PARAVUR, ERNAKULAM 683514


    8          AMAY SHAJI,
               KAMBANI PARAMBIL, KODUVAZHANGA KARA, ALANGAD
               VILLAGE, N. PARAVUR, ERNAKULAM 683514
               R4 TO R8 BY ADV SRI.T.R.RAJESH
               R1 TO R3 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:
 W.P.(C).No.30547/2019

                                      3




                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                    W.P.(C).No.30547 of 2019
              ----------------------------------------------
             Dated this the 08th day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of mandamus or any other appropriate Writ, Order of Direction, commanding the respondents 1 to 3 to afford adequate Police Protection to the life of the petitioner and his wife form the illegal acts of respondents 4 to 8.

ii. Issue a Writ of mandamus or any other appropriate Writ, Order or Direction commanding the respondents 1 to 3 to register FIR on the basis of the complaint filed by the petitioner and to investigate the same and file Final report in court within a time to be fixed by this hon'ble Court.

iii. Such other reliefs that are appropriate and incidental to this Writ petition

2. When this writ petition came up for consideration

before this Court on 13.11.2019, this Court passed the

following order:

W.P.(C).No.30547/2019

"Admit.

The learned Govt. Pleader takes notice for respondents 1 to 3.

Issue notice to respondents 4 to 8 by speed post. There will be an interim direction to the respondents to provide adequate protection to the life of the petitioner and his wife. In case there is any threat to the petitioner's life or to the life of his wife, they shall approach the third respondent, who shall provide adequate protection in accordance with law."

Thereafter the matter again came up for consideration on

09.12.2019. On that day, some clarifications were made to the

order and the same is extracted hereunder:

"Heard the learned counsel for the petitioner, the learned counsel for respondents 4 to 8 as also the learned Government Pleader.

Having heard the learned counsel for the parties on either side, I deem it appropriate to clarify that the interim order passed by this Court on 13.11.2019 shall be understood only as an order granting protection to the lives of the petitioner and his wife and the same will not preclude the parties from approaching the civil court for appropriate relief in respect of the civil disputes between them. It is also clarified that the pendency of the writ petition will not preclude the police from setting the criminal law in motion against the parties, if situation warrants."

W.P.(C).No.30547/2019

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner and the

contesting respondents submitted that there is no law and

order problem now. The Government Pleader also submitted

that there is no law and order issue now.

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

petition can be disposed, recording the orders dated

13.11.2019 and 09.12.2019, with following further directions:

1. If there is any law and order issue, 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 with the interim orders passed by

this Court.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.30547/2019

APPENDIX OF WP(C) 30547/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO.

120/2015 ON THE FILE OF THE MUNSIFF'S COURT N PARAVUR EXHIBIT P2 TRUE COPY OF THE INJUNCTION ORDER IN IA NO. 325/15 IN O.S NO. 120/2015 ON THE FILE OF THE MUNSIFF'S COURT, N. ARAVUR EXHIBIT P3 TRUE COPY OF THE ORDER IN IA NO.

1997/2017 IN UNNUMBERED OS OF 2017 FILED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER SENT BY THE LEARNED MUNSIFF TO THE SUPT OF POLICE ALUVA FOR EXECUTING THE ORDER EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 14/09/2019 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE RECEIPT GIVEN BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE COMPLAINT DTD 14/09/2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE RECEIPT GIVEN BY THE 2ND RESPONDENT EXHIBIT P9 COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S WIFE AFTER ANGIOPLASTY EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 31/10/2019 SUBMITTED TO THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS EXHIBIT R4(a) TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT DATED 15.07.2010 IN W.P(c) NO. 19952 OF 2010 AND CONNECTED CASE.

EXHIBITR4(b) A TRUE COPY OF THE FIR REGISTERED BY THE 3RD RESPONDENT AS CRIME NO.412/2014 DATED 18.05.2014 AGAINST THE PETITIONER.

W.P.(C).No.30547/2019

EXHIBIT R4(c) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 03.06.2014. EXHIBIT R4(d) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 7TH RESPONDENTS BEFORE THE 3RD RESPONDENT DATED 16.9.2014.

EXHIBIT R4(e) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION SUBMITTED BY THE 6TH RESPONDENT ISSUED BY THE 3RD RESPONDENT DATED 03.06.2014. EXHIBIT R4(f) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION SUBMITTED BY THE 7TH RESPONDENTS ISSUED BY THE 3RD RESPONDENT DATED 16.9.2014.

EXHIBIT R4(g) TRUE COPY OF COMPALINT SUBMITTED BY THE 4TH RESPONDENT DATED 11.09.2014. EXHIBITR4(h) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION DATED 11.9.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT R4(i) TRUE COPY OF THE PLAINT IN O.S NO.826/2014 FILED BY RESP0NDENTS 6,7,AND 8 AGAINST THE PETITIONER. EXHIBIT R4(j) TRUE PHOTOGRAPHS EVIDENCING PARKING OF THE JCB TO PREVENT THE INGRESS AND EGRESS OF THE RESPONDENT 4 TO 8.