Shygy Sebastian vs State Of Kerala
2021 Latest Caselaw 15186 Ker

             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. 5116 OF 2020
PETITIONER:

            SHYGY SEBASTIAN
            AGED 45 YEARS
            W/O.SEBASTIAN, MADASSERY HOUSE, MOOKKANNOOR P.O.,
            ALUVA TALUK, ERNAKULAM DISTRICT.
            BY ADV K.P.SURAJ

RESPONDENTS:

      1     STATE OF KERALA
            REPRESENTED BY MINISTRY OF HOME DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2     SUPERINTENDENT OF POLICE(RURAL),
            OFFICE OF SUPERINTENDENT OF POLICE, ALUVA-683 101.

      3     CIRCLE INSPECTOR OF POLICE,
            ANGAMALY-680 308.

      4     SANKARANKUTTY,
            AGED 55 YEARS
            KUNNUMPURATH HOUSE, MOOKKANNOOR P.O., ALUVA TALUK,
            ERNAKULAM DISTRICT-683 576.

            BY ADVS.SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER
            SRI.E.C.PAULOSE
            SMT.BOBBY RAPHEAL.C


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.5116/2020

                                          2




                       P.V.KUNHIKRISHNAN, J.
                         -------------------------------
                        W.P.(C).No.5116 of 2020
                 ----------------------------------------------
                Dated this the 20th day of July, 2021


                                    JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, direction or order, commanding respondents 2 and 3 to accord adequate protection to the life of the petitioner and her family members from the acts of threat and other intimidations of the 4th respondent and his associates.

ii. Issue such other further reliefs as are necessary in the interest of justice.

2. When this writ petition came up for consideration

before this Court on 10.03.2020, this Court passed the

following order:

"The police shall take action on the complaint of the

petitioner. The police shall ensure that no

obstruction is caused to the life of the petitioner as

well as the property of the petitioner."

W.P.(C).No.5116/2020

3. Today, when the matter came up for consideration,

the Government Pleader submitted that there is some civil

dispute between the petitioner and the 4 th respondent.

Admittedly the petitioner is a widow. The apprehension raised

in the writ petition is that there is threat to the life of the

petitioner. If there is any threat to the life of the petitioner,

the Police is bound to protect her life.

Therefore, the writ petition is disposed, retaining the

interim order dated 10.03.2020, with the 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/complaint.

2. If such a representation /complaint is received,

the Station House Officer will do the needful,

in the light of the interim order of this Court

dated 10.03.2020.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.5116/2020

APPENDIX OF WP(C) 5116/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF COMPLAINT BEFORE THE CIRCLE INSPECTOR OF POLICE, ANGAMALY DATED 07.02.2020.

RESPONDENTS' EXHIBITS EXHIBIT R4(A) TRUE COPY OF COMPLAINT DATED 6.2.2020 FILED BY TEH WIFE OF HTE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT

EXHIBIT R4(B) TRUE COPY OF THE RECEIPT DATED 6.2.2020 ISSUED BY THE 3RD RESPONDENT