M.Subair vs City Police Commissioner
2021 Latest Caselaw 14299 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. 12107 OF 2021


PETITIONER:

            M.SUBAIR
            AGED 72 YEARS
            S/O MUHAMMED HANIFA,T.C.1/915(2)(TLRA-
            6),KUMARAPURAM,MEDICAL COLLEGE.P.O,
            THIRUVANANTHAPURAM DISTRICT,
            PIN-695011.

            BY ADVS.
            PRATHEESH.P
            REKHA.S.
            S.SEETHA
            ANJANA KANNATH



RESPONDENTS:

    1       THE CITY POLICE COMMISSIONER
            POLICE GROUND,CV RAMAN PILLAI ROAD,
            THYCAUD,THIRUVANANTHAPURAM,PIN-695014.

    2       STATION HOUSE OFFICER
            MEDICAL COLLEGE POLICE STATION,
            THIRUVANANTHAPURAM DISTRICT,
            PIN-695011.

    3       CORPORATION OF THIRUVANANTHAPURAM
            REPRESENED BY ITS SECRETARY,
            THIRUVANANTHAPURAM,PIN-695004.

    4       ANILKUMAR,
            SAI SADAN,TLR-8,KUMARAPURAM,
            MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM DISTRICT,PIN-
            695011.

            BY ADVS.
            SRI.N.NANDAKUMARA MENON (SR.)
 WP(C) NO.12107/2021
                                      2

             SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

             SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




      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.12107/2021
                                            3



                   P.V.KUNHIKRISHNAN, J
             -------------------------------
                 W.P.(C)No.12107 of 2021
            --------------------------------
           Dated this the 08th day of July 2021


                                   JUDGMENT

The above writ petition is filed with the

following prayers;

i. Issue a writ of mandamus or any other writ order or direction, commanding the respondents 1 and 2 to afford adequate and effective police protection to the petitioner and his family members against the usage of the private road as per Exhibit P6 and P7 by the 4 th respondent and his henchmen.

ii. Issue a writ of mandamus or any other writ order or direction, commanding the 2nd respondent to take effective steps to redress the Exhibit P4 complaint filed by the petitioner.

iii. Issue such other writ order or direction, which is just and necessary in the facts and circumstances of the case.

2. When this matter came up for consideration on

11.06.2021, this Court passed the following order.

"Admit.

The learned Government Pleader accepts notice for respondent Nos.1 and 2. Sri.P.K.Manoj Kumar, learned Standing counsel takes notice for respondent No.3. Issue notice by speed post to respondent No.4.

There will be an interim order directing the 2nd respondent to ensure law and order is maintained."

WP(C) NO.12107/2021

3. Today, when this matter came up for

consideration, the learned counsel for the petitioner

submitted that the petitioner is a senior citizen.

The learned counsel conceded that there is a dispute

about a path way. According to the petitioner, there

is threat to the life of the petitioner from

respondent No.4 and their men. The learned counsel

for the petitioner submitted that there may be a

direction to protect the life of the petitioner from

the 4th respondent.

4. The learned Government Pleader submitted

that, there is a path way dispute between the

petitioner and the 4th respondent and the Police is

not in a position to interfere in that. But the

learned Government Pleader submitted that, if there is

any law and order problem, the Police will do the

needful in accordance with law.

5. Notice was issued to the 4th respondent. Even

now, the service to the 4th respondent is not

complete. The manner in which I am going to dispose

this writ petition, I think no further notice is WP(C) NO.12107/2021

necessary to the 4th respondent. If the 4th respondent

is aggrieved by any of the directions in this

judgment, the 4th respondent is free to file a review

petition.

6. Therefore, this Writ petition is disposed in

the following manner.

(i) If there is any law and order issue, the

petitioner is free to approach the 2nd respondent with

a representation.

(ii) If such a representation is received, the 2nd

respondent will do the needful to protect the law and

order and also the life of petitioner.

(iii) I make it clear that, all the contentions

of the petitioner and the 4th respondent about the

property and path way are left open and the same is to

be decided by a competent civil court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO.12107/2021

APPENDIX OF WP(C) 12107/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT DATED 07/05/2021

EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NUMBER 1182/2021 OF MEDICAL COLLEGE POLICE STATION AGAINST THE 4TH RESPONDENT ON 20/05/2021.

EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.21.05.2021

EXHIBIT P5 TRUE COPY OF THE SKETCH OF THE PRIVATE ROAD USED BY THE PETITIONER AND THE OTHER MEMBERS.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 04/06/2021

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 08.06.2021 ISSUED BY THE THAHASILDAR TO THE PETITIONER.

//TRUE COPY//

PA TO JUDGE