Kunhai Palliyath vs Station House Officer
2021 Latest Caselaw 13345 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                         WP(C) NO. 35918 OF 2019
PETITIONERS:

     1     KUNHAI PALLIYATH
           AGED 50 YEARS
           S/O.AMMED PALLIYATH,PALLIYATH HOUSE,
           VAKAMOLY DESOM,ARIKKULAM VILLAGE,KOYILANDY
           TALUK,KOZHIKODE DISTRICT-673620.

     2     YOONUS SALEEM,
           AGED 46 YEARS
           S/O.MUHAMMAD ABDURAHIMAN,RESIDING AT KONARI
           HOUSE,VELLIMUKKU,ARIYALLUR.P.O,
           MALAPPURAM DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY
           HOLDER KUNHAI PALLIYATH,AGED 50 YEARS,S/O.AMMED
           PALLIYATH,ARIKKULAM VILLAGE,KOYILANDY TALUK,KOZHIKODE
           DISTRICT-673620.

     3     BEERANKUTTY,
           AGED 51 YEARS
           S/O.ALAVIKUTTY,RESIDING AT MALANGADAN
           HOUSE,KARAKUNNU,MANCHERI,ERANAD,
           MALAPPURAM DISTRICT,REPRESENTED BYHIS POWER OF ATTORNEY
           HOLDER KUNHAI PALLIYATH,AGED 50 YEARS,S/O.AMMED
           PALLIYATH,PALLIYATH HOUSE,VAKAMOLY DESOM,ARIKKULAM
           VILLAGE,KOYILANDY TALUK,KOZHIKODE DISTRICT-673620.

           BY ADVS.
           LIJU.V.STEPHEN
           SMT.INDU SUSAN JACOB


RESPONDENTS:

    1      STATION HOUSE OFFICER
           ATHOLI POLICE STATION,ATHOLI,
           KOZHIKODE DISTRICT-673315.

    2      CIRCLE INPECTOR OF POLICE,
           ATHOLI POLICE STATION,ATHOLI,
 WP(C) NO. 35918 OF 2019
                                 2



         KOZHIKODE DISTRICT-673315.

    3    DEPUTY SUPERINTENDENT OF POLICE,
         VADAKARA,KOZHIKODE DISTRICT-673101.

    4    KIZHAKKAYIL RASHEED,
         AGED 39 YEARS
         S/O.MOIDEEN HAJI,KIZHAKKAYIL HOUSE,
         ERAMALA.P.O, VADAKARA,KOZHIKODE DISTRICT-673501.

    5    N.N.BALAN,
         AGED 58 YEARS
         NADUVILAMETHALA HOUSE,MUDAKKALLOOR.P.O,
         ULLIYARI,KOZHIKODE DISTRICT-673323.

         BY ADVS.
         SRI.K.T.SHYAMKUMAR
         SRI.HARISH R. MENON



OTHER PRESENT:

         SRI.N.B.SUNIL NATH, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 35918 OF 2019
                                    3



                 P.V.KUNHIKRISHNAN, J.
               ===================
                WP(C) No.35918 OF 2019
               ===================
           Dated this the 28th day of June 2021


                           JUDGMENT

The above writ petition is filed with following

prayers;

"1. To issue a writ of mandamus or any other appropriate writ order or direction directing the 1 to 3 respondents to grant adequate police protection to the petitioners life and property.

2. To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 to 3 to restrain the respondents 3 and 4 from committing any criminal act against the petitioners and the building possessed by the petitioners pursuant to Ext.P1 agreement unless otherwise by the due process of law.

3. To 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. When this matter came up for consideration on

31.12.2019 this Court passed the following orders, which is

extracted hereunder;

WP(C) NO. 35918 OF 2019

"In view of Ext.P6 order of status quo already passed by the Civil Court, I do not think it is necessary to grant any further order of police protection for the properties of the petitioner. The petitioners and respondents 4 and 5 undertake that they will not cause any law and order situation in the locality. If there is a situation of law and order threatening the life of the petitioners or respondents 4 and 5, the second respondent shall take appropriate action as contemplated in law."

3. When this matter came up for consideration, the

learned counsel for the contesting respondents submitted

that, the matter is settled.

4. The learned Government Pleader submitted that,

there is no law and order issue at present. In the light of the

above submissions this writ petition is closed with liberty to

the petitioner and the contesting respondents to approach the

Station House Officer concerned if there is any law and order

issue in future.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 35918 OF 2019

APPENDIX OF WP(C) 35918/2019

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 20.6.2019 ENTERED BETWEEN THE 4TH RESPONDENT AND THE PETITIONERS.

EXHIBIT P2 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN WP(C)NO.31027/2019 DATED 29.11.2019 BEFORE THE HON'BLE COURT

EXHIBIT P3 A TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 12.12.2019 IN WP(C)NO.31027/2019.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 12.12.2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P5 A TRUE COPY OF THE INTERIM APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE MUNSIFF COURT,KOYILANDY IN O.S.NO.273/2019

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 21/12/2019 PASSED BY THE MUNSIFF COURT,KOYILANDY IN O.S.273/2019.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONERS TO THE 3RD RESPONDENT DATED 18.12.2019.

RESPONDENTS EXHIBITS

EXHIBIT R4(a) TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE DATED 4-12-2019.

WP(C) NO. 35918 OF 2019

EXHIBIT R4(b) TRUE COPY OF THE COMPLAINT DATED 20.12.2019 FILED BY THE 4TH RESPONDENT BEFORE THE SUPERINTENDENT OF POLICE, VADAKARA.

EXHIBIT R4(c) TRUE COPY OF THE COMPLAINT DATED 20.12.2019 FILED BY THE 4TH RESPONDENT BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

EXHIBIT R4(d) TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE POLICE COMPLAINT AUTHORITY, KOZHIKODE.

                     // True Copy       //

                          PA to Judge