Daisy Jenny vs The Superintendent Of Police
2021 Latest Caselaw 13373 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. 11020 OF 2021
PETITIONERS:

    1    DAISY JENNY
         AGED 46 YEARS
         W/O. JENNY (LATE), "APPADAM HOUSE", MOOKKANNUR
         P.O, ANGAMALY, ERNAKULAM-683 577, ANGAMALY POLICE
         STATION LIMIT.
    2    FASULU RAHAMAN,
         AGED 21 YEARS
         S/O. HAMSA K, "KOLETHERIAL HOUSE", ENGINEER ROAD,
         OTTAPPALAM, PALAKKAD DISTRICT-679 552
         BY ADV V.V.SURESH


RESPONDENTS:

    1    THE SUPERINTENDENT OF POLICE,
         ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-682
         504.
    2    STATION HOUSE OFFICER,
         N.H.47, ANGAMALY POLICE STATION, ERNAKULAM-683 572
    3    MUHAMMED SHARUKH C.N,
         S/O. NIZAR C.A., "CHAKKAYATH HOUSE", ALLAPRA P.O,
         VENGOLA, PERUMBAVUR, ERNAKULAM DISTRICT-683 556
         R3 BY ADVS.P.A.AUGUSTIAN
                    LINDA.M.J.
         R1 & R2 BY 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:
 W.P.(C).No.11020 of 2021

                                        2

                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.11020 of 2021
               ----------------------------------------------
              Dated this the 28th day of June, 2021

                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 2 to give adequate police protection from the 3rd respondent and his henchman to the petitioners.

ii. Issue such other further relief as this Honorable Court deem just fit and proper to grant in the circumstances of the case.

2. When this writ petition came up for consideration

before this Court on 04.05.2021, this Court passed the

following order:

"Admit.

Govt. Pleader takes notice for R1 and R2. Issue urgent notice by speed post to R3. If in the meanwhile the petitioners file any complaint against the 3rd respondent, the 2nd respondent shall enquire into the matter and take necessary action. "

3. Today, when this writ petition came up for

consideration, the counsel for the 3 rd respondent submitted W.P.(C).No.11020 of 2021

that the 3rd respondent has no intention to assault or attack

the petitioners. According to the counsel, the 3 rd respondent

has got certain other grievances against the petitioners. She

approached the court also by filing a complaint. The counsel

submitted that the other contentions of the 3 rd respondent may

be left open. The Government Pleader submitted that if there

is any threat to the life of the petitioners, 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 can approach the

2nd respondent with a complaint.

2. If such a complaint is received, the 2 nd

respondent will do the needful in accordance

to law.

3. All other contentions of the petitioners and the

3rd respondent are left open.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.11020 of 2021

APPENDIX OF WP(C) 11020/2021

PETITIONER ANNEXURE

EXHIBIT P1 DRAFT COPY OF THE AGREEMENT DATED 29.03.2021.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL ON 29.04.2021.