Citation : 2021 Latest Caselaw 13361 Ker
Judgement Date : 28 June, 2021
WP(C) NO. 18571 OF 2019 1
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. 18571 OF 2019
PETITIONER/S:
PRAVEEN LAL V.M.
AGED 45 YEARS
XS/O. MADHAVAN , RESIDING AT THEKKUMKARIYIL, PANANGAD
P.O, KUMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN CODE
682 506
BY ADV P.V.VENUGOPAL
RESPONDENT/S:
1 INSPECTOR OF POLICE,
PANANGAD POLICE STATION, ERNAKULAM DISTRICT PIN CODE
682 506
2 JUSTINCE,
AGED 45 YEARS
S/O. ANTONY, RESIDING AT NANAT HOUSE, PANANGAD P.O,
KUMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN CODE 682
506
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. 18571 OF 2019 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.18571 of 2019
--------------------------------------
Dated this the 28th day of June, 2021
JUDGMENT
The above writ petition is filed with the following prayers :
(i) "To issue of a Writ of Mandamus or any other appropriate order or direction commanding the 1st respondent to ensure police protection or assistance for life of petitioner without any interference and interruption from the 2nd respondent or his henchmen.
(ii) To grant any other further or consequential relief including any interim reliefs, as may be prayed for and deemed fit by this Hon'ble Court and circumstances of the case."
2. When this matter came up for consideration, the
Government Pleader submitted that there is a civil dispute
pending between the petitioner and the contesting respondent.
There is no law and order issue now. The Government Pleader
submitted that if there is any law and order issue, the Police
will do the needful.
3. Even though, notice was ordered in this writ petition
to the 2nd respondent, the service is not complete even now.
Notice is returned with an endorsement 'insufficient address'.
The manner in which this writ petition is going to be disposed,
I think no further notice is necessary to the 2nd respondent.
4. The main grievance of the petitioner is that there is
threat to the life of the petitioner from the contesting
respondent. In the light of the submission of the Government
Pleader that if there is any threat to the life of the petitioner,
the Police will do the needful, this writ petition can be disposed
recording the same. Therefore, this writ petition is disposed
with the following directions :
1) If there is any threat to the life of the petitioner, the
petitioner is free to approach the Station House Officer
concerned.
2) If such a complaint is received from the petitioner, the
Station House Officer concerned will do the needful, in
accordance to law.
3) All other contentions of the petitioner and the 2 nd
respondent are left open.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
APPENDIX OF WP(C) 18571/2019
PETITIONER ANNEXURE
EXHIBIT P1 COPY OF AGREEMENT SALE DATED 28/11/2018
EXHIBIT P2 A COPY OF THE COMPLAINT GIVEN BY PETITIONER BEFORE 1ST RESPONDENT S.I OF POLICE DATED 05/07/2019
EXHIBIT P3 ACKNOWLEDGEMENT OF PETITION RECEIPT 382/P1/19/E2 ISSUED BY 1ST RESPONDENT SUB INSPECTOR OF POLICE DATED 05/07/2019
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