K.Raveendran Pillai vs Superintendent Of Police Kollam ...
2021 Latest Caselaw 15213 Ker

Citation : 2021 Latest Caselaw 15213 Ker
Judgement Date : 20 July, 2021

Kerala High Court

K.Raveendran Pillai vs Superintendent Of Police Kollam ... 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. 2094 OF 2020
PETITIONERS:

      1     K.RAVEENDRAN PILLAI
            AGED 72 YEARS
            S/O. K. THANAKAPPAN PILLAI, RESIDING AT 'SOORYA
            VIHAR', CRA 204, MUKKOLA P. O.,
            THIRUVANANTHAPURAM, PIN - 695 043.
      2     SASIKALA S.
            W/O. K. RAVINDRAN PILLAI, RESIDING AT 'SOORYA
            VIHAR', CRA 204, MUKKOLA P. O.,
            THIRUVANANTHAPURAM, PIN - 695 043.
            BY ADVS.
            P.V.VENUGOPAL
            SHRI.SENKUMAR T.P.
            SRI.K.T.SEBASTIAN

RESPONDENTS:

      1     SUPERINTENDENT OF POLICE KOLLAM (RURAL)
            DISTRICT HEAD QUARTERS, KOTTARAKKARA, PIN - 691
            506.
      2     INSPECOTR OF POLICE (STATION HOUSE OFFICER)
            KUNNIKODE, KOLLAM RURAL DISTRICT, PIN - 691 508.
      3     SUB INSPECTOR OF POLICE
            KUNNIKODE, KOLLAM RURAL DISTRICT, PIN - 691 508.
      4     K.RADHAKRISHNAN NAIR,
            AGED 59 YEARS
            S/O.K.THANKAPPAN PILLAI, MELOOTTU VEEDU (OLD
            KAILASA MANGALAM), 12 MURI P.O, PANTHA PLAVU,
            PATTAZHI, KOLLAM DISTRICT, PIN NO 691 508.
            BY ADV.N.B.SUNIL NATH, GOVT. PLEADER
       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.2094/2020

                                       2




                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                    W.P.(C).No.2094 of 2020
             ----------------------------------------------
            Dated this the 20th day of July, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. To Issue a Writ of Mandamus or order commanding the respondents 1 and 2 Police Authorities to ensure and afford with adequate and effective protection to life of petitioners and to enable to cut, remove and transport all assorted trees from petitioner's premises at pattazhi without any interference from the part of the 4th respondent or his supporters.

ii. To Issue a Writ of Mandamus or any other direction commanding the 3rd respondent sub inspector not to harass petitioners on the guise of investigation in Ext.P4 complaint dated 18/11/2019 purely a false case having edifice in civil subject.

W.P.(C).No.2094/2020

iii. Issue any such other Reliefs which are incidental and appropriate which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.

2. Today, when the writ petition came up for

consideration, the counsel for the petitioners submitted the

first prayer in the writ petition is infructuous. But the counsel

submitted that the petitioners are not able to go to their place

and there is even now threat from the 4 th respondent and his

men. The counsel for the petitioners submitted that there may

be an order of police protection to the life of the petitioner,

whenever there is need for the same. The Government Pleader

submitted that the petitioners are senior citizens and if there

is any threat to their life, the Police will do the needful.

In the light of the above submissions, I think this writ

petition can be disposed in the following manner:

1. If there is any threat to the life of the

petitioners, the petitioners are free to

approach the Station House Officer concerned

with a representation/complaint.

2. If such a representation/complaint is received, W.P.(C).No.2094/2020

the Station House Officer will do the needful in

accordance to law to protect the life of the

petitioners.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.2094/2020

PETITIONER EXHIBITS EXHIBIT P1 COPY OF MAHAZAR INDICATING DELIVERY OF PROPERTIES IN FAVOUR OF 1ST PETITIONER DATED 1.11.2019 IN E.P.11/2019 IN O.S.74/2016.

EXHIBIT P2 A COPY OF COMPLAINT DATED 16.1.2010 LODGED BY 1ST PETITIONER BEFORE 3RD RESPONDENT SUB-INSPECTOR SEEKING POLICE PROTECTION AND ACTION AGAINST 4TH RESPONDENT AND HIS ASSOCIATES. EXHIBIT P3 COPY RECEIPT ACKNOWLEDGING COMPLAINT BEARING NO.70/DPTB/2020 WITH RECEIPT BEARING NO.016 DATED 16.1.2020 ISSUED BY 3RD RESPONDENT SUB - INSPECTOR. EXHIBIT P4 COPY COMPLAINT GIVEN BY 4TH RESPONDENT TO SUB INSPECTOR KUNNIKODE DATED 18.11.2019 OBTAINED UNDER RIGHT TO INFORMATION ACT BEARING NO.10/R1/E3/19 ISSUED BY SHO IN THE CAPACITY AS PUBLIC INFORMATION OFFICER.

EXHIBIT P5 COPY REPRESENTATION GIVEN BY 1ST PETITIONER DATED 21.1.2020 HIGHLIGHTING INACTIONS GIVEN BEFORE 1ST RESPONDENT SUPERINTENDENT OF POLICE, KOLLAM (RURAL)