Kerala High Court
C.Krishnan Nair vs The State Of Kerala on 20 July, 2021
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. 6329 OF 2020
PETITIONERS:
1 C.KRISHNAN NAIR,
S/O. CHELLAPPAN PILLAI, REVATHI NAALUKETTIL,
CHENNASHERRI LANE, MARUTHAM KUZHI, SASTHAMANGALAM,
THIRUVANANTHAPURAM-695030.
2 B. PRESANNAKUMARI,
W/O. KRISHNAN NAIR, REVATHI NAALUKETTIL, CHENNASHERRI
LANE, MARUTHAM KUZHI, SASTHAMANGALAM,
THIRUVANANTHAPURAM-695030.
BY ADVS.
SRI.JOJU KYNADY
SRI.TOM THOMAS (KAKKUZHIYIL)
SRI.A.ABDUL NABEEL
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER OF POLICE,
DISTRICT POLICE HEADQUARTERS, POLICE GROUND, C.V. RAMAN
RD., TYCAUD, THIRUVANANTHAPURAM-695014.
3 THE SUPERINTEDNET OF POLICE,
THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DISTRICT-
695001.
4 THE SUB INSPECTOR OF POLICE,
VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM-695607.
5 SUDARSHAN,
LS-EV HOUSE, KONCHIRA P.O., VEMBAAYAM,
THIRUVANANTHAPURAM-695615.
6 A. NAUSHAD,
BENEFIT BUNGALOW, VEMBAAYAM P.O., THIRUVANANTHAPURAM-
WP(C) NO.6329/2020
2
695615.
7 SHAMSUDHEEN,
MELE PALLIKAL, JUMANA MANZIL, VEMBAYAM P.O.,
THIRUVANANTHAPURAM-695615.
8 MUHAMMED HANEEFA,
KAIPAKASSERRY VEEDU, VEMBAYAM P.O.,
THIRUVANANTHAPURAM-695615.
9 NAZEER,
K.V.N. ENTERPRISES, NEAR FEDERAL BANK, VEMBAYAM
P.O., THIRUVANANTHAPURAM-695615.
10 SAINUDEEN,
THOZHUTHUM KARA, VEMBAAYAM P.O.,
THIRUVANANTHAPURAM-695615.
11 ABDUL KARIM,
SURUMI BAKERY NEAR FEDERAL BANK, VEMBAYAM P.O.,
THIRUVANANTHAPURAM-695615.
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
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.6329/2020
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.6329 of 2020
--------------------------------
Dated this the 20th day of July 2021
JUDGMENT
The above Writ petition is filed with the
following prayers:
"i) Direct the 1st to 4th Respondents by issue
of a writ of mandamus or such other appropriate
writ, direction or order to render adequate and
effective Police Protection to the Petitioners and
their property for free functioning of the
Petitioner's business and to maintain law and order.
ii) Pass such other orders as are deemed
necessary in the facts and circumstances of the
case."
2. When this matter came up for consideration
on 03.03.2020, this Court passed the following
order:
"Issue urgent notice to respondents 5 to 11 by
Special Messenger.
Police shall maintain law and order, if so
warranted."
3. Today when this writ petition came up for
consideration, the learned counsel for the
WP(C) NO.6329/2020
petitioners reiterated the contentions in the writ
petition.
4. The learned counsel for respondents 5 to
11 submitted that the allegations in the writ
petition are absolutely incorrect. The learned
counsel submitted that, several facts are
suppressed by the petitioners. The learned counsel
submitted that respondent No.5 is a teacher in a
School, respondent No.6 is the P.T.A president of
that School and respondent No.7 is a member of the
P.T.A of that School. The learned counsel
submitted that a huge amount is allotted for the
development of the School by the Government. A
road is necessary for free access to the School.
For that purpose, several people surrendered their
land voluntarily. There was some dispute about the
surrendering of the land by the petitioners. One
of the relative of the petitioners is a politician.
At his instance, this writ petition is filed. The
learned counsel submitted that absolutely there is
no threat from the side of the contesting
WP(C) NO.6329/2020
respondents towards the petitioners. The learned
counsel also submitted that the writ petition
itself is not maintainable because the prayer in
the writ petition is to give protection for the
functioning of petitioners business. The
petitioners are not conducting any business and
their tenants are conducting the business.
5. The learned Government Pleader submitted
that the petitioners are senior citizens and if
there is any threat to their life, the Police will
do the needful. The learned Government Pleader
submitted that a hotel is functioning there.
6. I do not want to decide any disputed facts
in this case. In the light of the submission from
the contesting respondents that there is no
physical threat from their side towards the
petitioners, I think this writ petition can be
closed recording the same and directing the Station
House Officer to interfere whenever there is any
law and order problem. I make it clear that the
contesting respondents are free to agitate their
WP(C) NO.6329/2020
contentions, if any, before the appropriate
authority. Under the guise of the Police protection
order, the petitioners can not do any thing
prejudicial to the contesting respondents.
In the said circumstances, this writ petition
is closed, retaining the interim order dated
03.03.2020 with following further directions:
i) If there is any law and order problem, the
petitioner is free to approach the Station House
Officer concerned with a complaint/representation.
ii) If such a complaint/representation is
received, the Station House Officer will do the
needful to see that the law and order is maintained
in the area.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.6329/2020
APPENDIX OF WP(C) 6329/2020
PETITIONERS' EXHIBITS
EXHIBIT P1 SALE DEED NO.1156/2007 DATED 23/04/2007.
EXHIBIT P2 TAX RECEIPT DATED 20/02/2020.
EXHIBIT P3 COMPLAINT DATED 19/02/2020.
EXHIBIT P4 ACKNOWLEDGMENT RECEIPT DATED 19/02/2020.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
