Kerala High Court
Gopakumar vs The State Police Chief on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 22199 OF 2019
PETITIONERS:
1 GOPAKUMAR
AGED 41 YEARS
S/O VELAYUDHAN NAIR, THUNDUMANNADI HOUSE,
KOOVALASSERY, MARANALLOR,
KATTAKADA,THIRUVANANTHPAURM-695 512.
2 SURESH KUMAR,
AGED 39 YEARS
S/O CHANDRASEKHARAN NAIR, ASWATHY NILAYAM,
KODANNUR,KOOVALASSERY, MARANALLOR,
KATTAKADA,THIRUVANANTHPAURM-695 512.
3 AYYAPPADAS,
AGED 39 YEARS
S/O SADASIVAN NAIR, ASWATHY NILAYAM, KODANNUR,
KOOVALASSERY, MARANALLOR,
KATTAKADA,THIRUVANANTHPAURM-695 512.
BY ADV MANSOOR.B.H.
RESPONDENTS:
1 THE STATE POLICE CHIEF
POLICE HAD QUARTERS, THIRUVANANTHAPURAM-695 001.
2 DEPUTY SUPERINTENDENT OF POLICE,
NEDUMANGAD, THIRUVANANTHAPURAM-695 541.
3 CIRCLE INSPECTOR OF POLICE,
MARANELLOOR POLICE STATION, KATTAKADA,
THIRUVANANTHAPURAM-695 512.
4 SUB INSPECTOR OF POLICE,
MARANALLOOR POLICE STATION, KATTAKADA,
THIRUVANANTHAPURAM-695 512.
W.P.(C).No.22199/2019
2
5 SUDARSANAN,
MANAGING DIRECTOR, S.K.METAL CRUSHER AND QUARRY
PVT, LTD, MARANALLOOR, KUVALASSERY,KATTAKADA,
THIRUVANANTHAPURAM-695 512.
6 SURJITH,
S/O SUDARSANAN, S.K.METAL CRUSHER AND QUARRY
PVT, LTD, MARANALLOOR, KUVALASSERY,KATTAKADA,
THIRUVANANTHAPURAM-695 512.
7 MOHANAN,
S/O RAGHAVAN NAIR, QUARRY SUPERVISOR, S.K.METAL
CRUSHER AND QUARRY PVT LTD, POOVANVILA,
KODANNUR-695 512.
8 BINU KUMAR,
S/O GOPI, QUARRY EMPLOYEE, S.K.METAL CRUSHER
AND QUARRY PVT LTD, POOVANVILA, KODANNOOR,
KATTAKADA, THIRUVANANTHAPURAM-695 512.
9 PUSHPAKUMAR,
S/O PONNU NADAR, QUARRY EMPLOYEE, S.K.METAL
CRUSHER AND QUARRY PVT LTD, POOVANVILA,
KODANNOOR, KATTAKADA, THIRUVANANTHAPURAM-695
512.
10 ANIRUDHAN,
S/O PONNU NADAR, QUARRY EMPLOYEE, S.K.METAL
CRUSHER AND QUARRY PVT LTD, POOVANVILA,
KODANNOOR, KATTAKADA, THIRUVANANTHAPURAM-695
512.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.22199/2019
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.22199 of 2019
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Dated this the 22nd day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or other appropriate
writ, order or direction directing Respondents 1 to
4 to afford adequate and effective police
protection to the life of the Petitioners and their
property from all or any of the illegal acts of the
Respondents 5 to 10 or anybody acting under
them.
ii. 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. Today, when the matter came up for consideration,
the counsel for respondents 5 to 10 submitted that there is no
threat, as alleged in the writ petition. The counsel also
submitted that the quarry is not functioning now. The
Government Pleader submitted that there is no law and order
problem and there is no threat to the life of the petitioners.
W.P.(C).No.22199/2019
The Government Pleader submitted that if there is any threat
to the life of the petitioners, the petitioners are fee to
approach the Station House Officer concerned and he will do
the needful in accordance to law. The counsel for the
petitioners reiterated their contentions in the writ petition.
The counsel for the petitioners submitted that even now there
is threat to the life of the petitioners from respondents 5 to 10.
In the light of the above submission, 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,
the Station House Officer will do the needful to
protect the life of the petitioners and also to
maintain law and order situation in the area.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.22199/2019
APPENDIX OF WP(C) 22199/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED
11.5.2018 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE DISTRICT
COLLECTOR WHICH BEARS THE ENDORSEMENT
OF THE DEPUTY COLLECTOR.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 1ST PETITIONER BEFORE THE
DIRECTOR, MINING AND GELOGY,
THIRUVANANTHAPURAM
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED
20.6.2018 SUBMITTED BY PETITIONERS 1
AND 2 BEFORE THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
THIRUVANANTHAPURAM
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
22.5.2018 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P5 TYPED COPY OF COMPLAINT SUBMITTED BY
THE 1ST PETITIONER TO THE 3RD
RESPONDENT CIRCLE INSPECTOR OF POLICE.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER 1 AND 2 BEFORE THE
3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXT P6 ISSUED BY MARANNALLOR POLICE ON
26.7.2019
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
26.7.2018 SUBMITTED BEFORE THE 1ST
RESPONDENT WHICH WAS FORWARDED TO THE
2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED
27.6.2019 SUBMITTED BY THE PETITIONER
BEFORE THE DIRECTOR OF VIGILANCE
EXHIBIT P8 TRUE COPY OF RECEIPT ISSUED ON
28.6.2019
EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONERS BEFORE THE CHIEF
MINISTER OF KERALA ON 21.6.2019
EXHIBIT P10 TRUE PHOTOGRAPHS OF THE QUARRYING
ACTIVITIES CARRIED OUT BY RESPONDENT 5
AND 6.
W.P.(C).No.22199/2019
RESPONDENT EXHIBITS
EXHIBIT R5(a) TRUE COPY OF THE COMMUNICATION DATED
11/12/2018 ISSUED BY THE TAHSILDAR TO
DISTRICT COLLECTOR.
EXHIBIT R5(b) TRUE COPY OF THE JUDGMENT DATED
8.8.2019 PASSED BY THE HON'BLE HIGH
COURT OF KERALA IN WPC NO 18437 OF
2019.
