K.N.Joshy vs The Deputy Superintendent Of ...
2021 Latest Caselaw 15323 Ker

            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. 7426 OF 2020
PETITIONERS:

    1       K.N.JOSHY,
            AGED 58 YEARS
            S/O.LATE NARAYANAN, EX-SERVICE MAN, KALAPURAKKAL
            HOUSE, NEERIKODE P.O., ERNAKULAM DISTRICT.
    2       SHOBHANA JOSHY,
            AGED 57 YEARS
            W/O.K.N.JOSHY, KALAPURAKKAL HOUSE, NEERIKODE P.O.,
            ERNAKULAM DISTRICT.
            BY ADV K.R.SUNIL

RESPONDENTS:

    1       THE DEPUTY SUPERINTENDENT OF POLICE,
            ALUVA -683 101.
    2       THE CIRCLE INSPECTOR POLICE OFFICE,
            ALUVA POLICE STATION, ALUVA - 683 101.
    3       THE SUB INSPECTOR OF POLICE,
            ALANGAD POLICE STATION, ALUVA - 683 511.
    4       BABUKUTTAN,
            S/O.PEZHANGAN, AGED 45 YEARS, KANAKATTEKADAVU
            HOUSE, NEERIKODE P.O., ALANGADU VILLAGE, PARAVUR
            TALUK - 683 511.
    5       BAIJU VARMA,
            S/O.VIJAYAN, AGED 51, KAITHAVALAPPIL VEEDU,
            NEERICODU KARA, ALANGADU VILLAGE, PARAVUR TALUK -
            683 511.
OTHER PRESENT:

            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.7426/2020

                                       2




                       P.V.KUNHIKRISHNAN, J.
                         -------------------------------
                        W.P.(C).No.7426 of 2020
                 ----------------------------------------------
                Dated this the 22nd day of July, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Mandamus compelling the respondents 1 to 3 to forthwith provide adequate and effective police protection to the life and property of the petitioners.

ii. To issue such other orders, directions deem fit on facts and in the interests of justice.

2. When this writ petition came up for consideration

before this Court on 11.03.2020, this Court passed the

following order:

"Issue urgent notice to respondents 4 and 5 by speed post.

If there is any threat to the life of the petitioners, the police shall accord necessary protection to the life of the petitioners."

3. Grievance of the petitioners is that they are

residing in an island. When there was obstruction for certain W.P.(C).No.7426/2020

construction made in their property, they approached this

Court and as per Ext.P1 order, this Court granted police

protection. Thereafter the petitioners are apprehending

danger from respondents 4 and 5. Hence this writ petition is

filed.

4. Heard the counsel for the petitioners and the

Government Pleader.

5. The counsel for the petitioners reiterated their

contentions in the writ petition. The counsel submitted that

the interim order may be retained and the writ petition may

be allowed. The Government Pleader submitted that the

Station House Officer concerned visited the premises of the

petitioners and reported that there is no law and order

problem.

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

petition can be disposed, retaining the interim order, with

following further directions:

1. If there is any apprehension of danger to the

life of the petitioners, the petitioners are free

to approach the Station House Officer

concerned with a representation/complaint.

W.P.(C).No.7426/2020

2. If such a representation/complaint is received,

the Station House Officer will do the needful 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.7426/2020

APPENDIX OF WP(C) 7426/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 05/02/2019 IN W.P (C) NO.40610 OF 2017.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT ON 05/03/2020. EXHIBIT P3 THE RECEIPT ISSUED BY THE 3RD RESPONDENT.