Mohammed P vs The District Police Chief
2021 Latest Caselaw 14388 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 11021 OF 2021
PETITIONER:

            MOHAMMED P
            AGED 58 YEARS
            S/O. MOIDEEN, PERINKADAKKATTU HOUSE, ROOM NO.643/7,
            P.K.QUARTERS, KOTTAKKAL ROAD, YARAM PADI, OORAKAM
            VILLAGE, THIROORANGADI TALUK, MALAPPURAM DISTRICT.

            BY ADV K.RAKESH



RESPONDENTS:

    1       THE DISTRICT POLICE CHIEF
            OFFICE OF THE DISTRICT POLICE CHIEF, UP-HILL,
            MALAPPURAM, PIN-676 505

    2       THE STATION HOUSE OFFICER,
            VENGARA POLICE STATION, VENGARA POST, MALAPPURAM
            DISTRICT,PIN-676 304

    3       ASHIQUE
            AGED 27 YEARS
            S/O.MOHAMMED.P., ROOM NO.627/7, P.K.QUARTERS, KOTTAKKAL
            ROAD, YARAM PADI, OORAKAM VILLAGE, THIROORANGADI TALUK,
            MALAPPURAM DISTRICT,PIN-676 515

    4       RIYAS
            AGED 19 YEARS
            S/O.MOHAMMED.P., ROOM NO.627/7, P.K.QUARTERS, KOTTAKKAL
            ROAD, YARAM PADI, OORAKAM VILLAGE, THIROORANGADI TALUK,
            MALAPPURAM DISTRICT,PIN-676 515

            BY ADVS. SRI.R.RAJESH KORMATH
                     SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11021/2021
                                           2


                  P.V.KUNHIKRISHNAN, J
            -------------------------------
                W.P.(C)No.11021 of 2021
           --------------------------------
          Dated this the 13th day of July 2021


                                JUDGMENT

The above Writ petition is filed with the

following prayers:

"i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents 1 and 2 to afford adequate, effective and meaningful Police protection to the life and property of the petitioner and his family from the threat of the respondents 3 and 4.

ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. When this matter came up for

consideration, the learned counsel for the

petitioner submitted that, in the light of the

counter affidavit filed by respondent Nos.3 and

4, the Writ petition can be disposed of

retaining the interim order and recording the

statements in the counter affidavit. WP(C) NO. 11021/2021

3. The learned counsel for respondent Nos.3

and 4 submitted that, in ground A of the writ

petition, it is admitted by the petitioner that

the party respondents are residing in the

residential quarters owned by the petitioner but

at a different portion with separate number.

The learned counsel submitted that the party

respondents also expect danger from the

petitioner. He submitted that, in the light of

the interim order passed by this Court, the

petitioner is trying to evict the party

respondents from the quarters. The learned

counsel submitted that there is no intention on

the part of the party respondents to attack the

petitioner and that the apprehension raised by

the petitioner is absolutely incorrect.

4. The learned Government Pleader submitted

that, if there is any law and order issue, the

Police will do the needful. The learned

Government Pleader submitted that if there is

any complaint from the petitioner or from the WP(C) NO. 11021/2021

party respondents, the Police will do the

needful.

5. Respondent Nos.1 and 2 are the sons of

the petitioner. There is some matrimonial

dispute between the mother of the contesting

respondents and the petitioner. It seems that,

there is some property dispute also. This Court

can not pass any order about these disputed

facts while entertaining a writ petition under

Article 226 of the Constitution of India. All

those contentions are left open and the same is

to be decided by appropriate courts in

accordance to law. But, I think this Writ

petition can be disposed of granting protection

to the life of the petitioner and the respondent

Nos.3 and 4. Hence, the writ petition is

disposed with the following directions;

i) If there is any threat to the life of

the petitioner or to the respondent Nos.3 and 4,

they are free to approach the 2nd respondent with

a complaint/representation. WP(C) NO. 11021/2021

ii) If such a complaint/representation is

received, the 2nd respondent will do the needful

in accordance with law to protect the life of

the petitioner and respondent Nos.3 and 4.

(iii) All other contentions of the

petitioner and respondent Nos.3 and 4 are left

open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 11021/2021

APPENDIX OF WP(C) 11021/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.416/2020 DATED 12.12.2020 OF THE VENGARA POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER DATED 20.4.2021 ISSUED FROM THE GOVERNMENT TALUK HOSPITAL, TIRURANGADI.

EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED FORM THE OFFICE OF THE 1ST RESPONDENT DATED 24.4.2021 FOR THE PETITION SUBMITTED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE TREATMENT RECORD ISSUED FROM COMMUNITY HEALTH CENTRE, VENGARA DATED 25.4.2021.

EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED, 28.4.2021.

RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE FIR IN CRIME NO.0417/2020 DATED 12.12.2020 OF THE VENGARA POLICE STATION.

EXHIBIT R3(B) TRUE COPY OF THE CASUALTY O.P.TICKET DATED 11.12.2020 OF DISTRICT-HOSPITAL, TIRUR.

EXHIBIT R3(C) TRUE COPY OF THE RECEIPT DATED 2.12.2020 ISSUED BY THE SUB INSPECTOR OF POLICE, VANITHA-POLICE STATION, MALAPPURAM.

EXHIBIT R3(D) TRUE COPY OF THE WOUND-CERTIFICATE DATED 26.4.2021 ISSUED FROM TALUK- HOSPITAL, TIRURANGADI.

WP(C) NO. 11021/2021

EXHIBIT R3(E) TRUE COPY OF THE F.I.R IN CRIME NO.0104/2021 DATED 5.5.2021 OF VENGARA POLICE STATION, .

EXHIBIT R3(F) TRUE COPY OF THE TREATMENT RECORD DATED 4.5.2021 ISSUED FROM GOVERNMENT TALUK HOSPITAL, THIRURANGADI.

EXHIBIT R3(G) TRUE COPY OF THE COMPLAINT DATED 7.5.2021 SUBMITTED BY MOTHER OF RESPONDENTS 3 AND 4 TO THE FIRST- RESPONDENT.

EXHIBIT R3(H) TRUE COPY OF THE WOUND-CERTIFICATE DATED 8.5.2021 ISSUED FROM TALUK- HOSPITAL, THIRURANGADI.

EXHIBIT R3(I) TRUE COPY OF THE TREATMENT-RECORD DATED 8.5.2021 ISSUED FROM GOVERNMENT TALUK HOSPITAL, THIRURANGADI.

EXHIBIT R3(J) TRUE COPY OF THE RECEIPT DATED 28.5.2021 ISSUED FROM MALAPPURAM- VANITHA-POLICE STATION.

//TRUE COPY//

PA TO JUDGE