Kerala High Court
M.P. Vinod vs District Police Chief (Rural) on 20 July, 2021
WP(C) NO. 28985 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 28985 OF 2019
PETITIONER/S:
M.P. VINOD
AGED 41 YEARS
S/O.RAMAN, MALAYAM PARAMPATHU, NEAR CARBON FACTORY, CHAKKALA
KUTHU, NILAMBUR, MALAPPURAM DISTRICT, PIN-679329.
BY ADVS.
BECHU KURIAN THOMAS (SR.)
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.RONY JOSE
SRI.GEORGE A.CHERIAN
SRI.LEO LUKOSE
SMT.SUZANNE KURIAN
SHRI.AMAL AMIR ALI
RESPONDENT/S:
1 DISTRICT POLICE CHIEF (RURAL),
MALAPPURAM-676509.
2 SUB INSPECTOR OF POLICE,
NILAMBUR POLICE STATION, NILAMBUR-679329.
3 P.V.ANVAR,
S/O.LATE SHOUKATHALI, PUTHENVEETIL HOUSE, PERAGAMANNA.P.O.,
OTHAYI, MALAPPURAM DISTRICT, PIN-676541.
BY ADVS.
GOVERNMENT PLEADER
SRI.T.K.SAIDALIKUTTY
SRI.LAL K.JOSEPH
SRI.A.A.ZIYAD RAHMAN
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28985 OF 2019 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.28985 of 2019
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Dated this the 20th day of July, 2021
JUDGMENT
The above writ petition is filed with the following
prayers :
i. "Issue a writ of mandamus or other appropriate writ,
order or direction, directing respondents 1 and 2 to afford
adequate and effective police protection to the life of the
petitioner and that of his family members and to his property
without any obstruction or interference from 3rd respondent or
anybody acting under him.
ii. Issue a writ of mandamus or other appropriate writ
order or direction, directing respondents 1 & 2 to act on
Ext.P3 and to provide adequate police protection as prayed
for in Ext.P3.
iii. Issue such other appropriate writ order or direction
that may be deemed to be just and equitable in the facts and
circumstances of the case."
2. According to the petitioner, he is a journalist in
'Mangalam'. The case of the petitioner is that, the 3 rd
respondent, who is a member of Legislative Assembly is
threatening the petitioner and there is threat to the life of the
petitioner. Hence, this writ petition was filed. When this writ
petition came up for consideration on 30.10.2019, this Court
passed the following order :
"Admit.
Government Pleader takes notice for respondents 1 and 2.
Issue notice by special messenger to the third respondent.
Post on 01.11.2019.
In the light of the averments made by the petitioner in
Ext.P1 complaint, including the contents of the audio clip
which is extracted therein, I deem it appropriate to pass
an interim order as prayed for. Ordered accordingly."
3. Thereafter, the matter again came up for
consideration on 19.11.2019. On 19.11.2019, this Court
modified the above order. The modified order is extracted
hereunder :
"Having heard the learned Government Pleader as also
the learned Senior Counsel appearing for the petitioner
and having perused the statement filed by the learned
Government Pleader, I deem it appropriate to modify the
interim order passed by this Court on 30.10.2019
directing the second respondent to afford protection to
the petitioner as and when a request is made for the
same, after assessing the situation."
4. Today, this matter came up for final hearing. The
counsel for the petitioner reiterated his contentions in the
writ petition. The counsel submitted that the interim order
may be retained and the writ petition may be disposed. The
Government Pleader submitted that the Police is doing all
necessary steps to protect the life of the petitioner. The
Government Pleader takes me through paragraph Nos. 9 and
10 in the statement filed by the Station House Officer
concerned. Paragraph Nos. 9 and 10 of the statement dated
6.11.2019 is extracted hereunder :
"9. It is respectfully submitted that on enquiry it is
revealed that there is no threat to life existing against the
petitioner as alleged in the writ petition. The writ petition is
filed in apprehension that he may be attacked by some other
persons who are having enmity to the petitioner in
connection with the various reports published by the
petitioner. It is further submitted that there is no law and
order situation existing in the locality with regard to the
allegations raised by the petitioner in the writ petition.
10. In compliance of the interim order passed by this
Hon'ble Court dated 1.11.2019, the 1st respondent has passed
orders appointing one Armed Civil Police Officer as Personal
Security Officer in order to provide adequate protection to
the petitioner and his family members. The Personal Security
Officer is directed to provide protection round the clock to
the petitioner and his family members"
5. The counsel, who appeared for the 3rd respondent
submitted that the averments in the writ petition and
submission of the petitioner are absolutely incorrect. There is
no incident happened as alleged in the writ petition. The
counsel submitted that the writ petition itself is with some
other intention to tarnish the image of the 3rd respondent.
6. After hearing both sides, I think this writ petition
can be disposed, retaining the interim order. If a citizen is
approaching the Police with a grievance that his life is in
threat, the Police is bound to protect his life. This Court
already issued necessary directions in this regard. Now, the
petitioner submitted that there is no problem, because of the
interim order passed by this Court. The Government Pleader
submitted that the Police will do the needful, if there is any
law and order problem. Even, the 3rd respondent says that
there is absolutely no threat to the life of the petitioner from
the side of the 3rd respondent as alleged in the writ petition.
In the light of the above submissions, this writ petition
can be disposed, retaining the order dated 19.11.2019, with
following further directions.
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 representation.
2. If such a representation is received, the Station
House Officer concerned will do the needful to protect the
life of the petitioner.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28985/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 5.10.19.
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P2 A COPY OF THE COMPLAINT DATED 7.10.2019
FILED BEFORE THE 1ST RESPONDENT BY THE
PETITIONER THROUGH E-MAIL.
EXHIBIT P3 A TRUE COPY OF THE REQUEST DATED
11.10.2019 SUBMITTED BEFORE THE 2ND
RESPONDENT BY THE PETITIONER FOR POLICE
PROTECTION.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 11.10.2019
POLICE PROTECTION.
