Kerala High Court
K.Narayana Pillai vs The District Police Chief on 8 July, 2021
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. 12728 OF 2019
PETITIONERS:
1 K.NARAYANA PILLAI, AGED 74 YEARS
S/O. LATE VASUDEVAN PILLAI, VRINDAVANAM, PADA
NAIRKULANGARA NORTH, KARUNAGAPPALLY
2 KRISHNAKUMAR N, AGED 37 YEARS
S/O. NARAYANA PILLAI, VRINDAVANAM, PADA NAIRKULANGARA
NORTH, KARUNAGAPPALLY.
BY ADVS.
SRI.TOM JOSE
SMT.GEETHA JOB(OZHUKAYIL)
SRI.JOBIN JOLLY
SMT.HARSHADEV M.
NIMMY MURALI.K
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
KOLLAM 691 008
2 DEPUTY SUPERINTENDENT OF POLICE
(ASST. COMMISSIONER OF POLICE) KARUNAGAPPALLY 690 518
3 THE SUB INSEPCTOR OF POLICE,
KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY 690 518
4 ANIL KUMAR N,
KRISHNODHAYAM, PULIVANCHI THEEKUM MURI, KALLELLI BHAGOM
VILLAGE 690 519
5 ANI.N
AJITHA BHAVANAM, THRIKKUNNAPUZHA VADAK, KAKKAKUNNU,
SOORANADU THEKK 690 522
R4 & R5 BY ADV SRI.S.SUDHISH KUMAR
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:
WP(C) NO. 12728 OF 2019
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.12728 of 2019
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Dated this the 08th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
respondents 1 to 3 to grant adequate protection to
the life of the petitioner from the illegal threats of the
4th and 5th respondents and their Henchmen
ii. To grant such other reliefs as this Hon'ble court may
deem fit and proper in the circumstances of the case.
2. The petitioners are father and son. Respondents 4 and
5 are the sons of the 1 st petitioner and brothers of the 2 nd
petitioner. According to the petitioners, there is threat from
respondents 4 and 5.
3. Today, when this writ petition came up for
consideration, the counsel for respondents 4 and 5 submitted
that the allegations in the writ petition are absolutely incorrect
and respondents 4 and 5 are residing far away from the house
WP(C) NO. 12728 OF 2019
where the petitioners are residing. The counsel submitted that
the intention of the 2nd petitioner is something else and not a
police protection order from this Court. The counsel submitted
that there is no intention on the part of the contesting
respondents to attack or assault the petitioners. The Government
Pleader submitted that there is no law and order issue at
present. The Government Pleader also submitted that on an
enquiry based on the direction from this Court, it is understood
that, the 1st petitioner denied his signature in Ext.P3 complaint.
I don't want to make any observation about the same. The 1st
petitioner is a senior citizen. The 2 nd petitioner is his son. I think
it is a property dispute between the siblings.
Therefore, I think this writ petition can be disposed in the
following manner:
1. If there is any law and order issue, the petitioners
and the contesting respondents can 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.
WP(C) NO. 12728 OF 2019
3. All other contentions of the petitioners 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. 12728 OF 2019
APPENDIX OF WP(C) 12728/2019
PETITIONER ANNEXURE
EXHIBIT P1 COPY OF SOME MEDICAL RECORDS
EXHIBIT P2 COPY OF THE COMPLAINT BEFORE THE 2ND
RESPONDENT
EXHIBIT P3 COPY OF THE COMPLAINT BEFORE THE 3RD
RESPONDENT
EXHIBIT P4 COPY OF THE JUDGMENT IN W.P(C) NO.
10517/19
