Kerala High Court
Bobby Zacharia vs The Circle Inspector Of Police on 28 June, 2021
WP(C) NO. 4525 OF 2020 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. 4525 OF 2020
PETITIONER/S:
BOBBY ZACHARIA
AGED 53 YEARS
VELLOOKUNNEL HOUSE, SURYANELLY P.O., IDUKKI-685618.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENT/S:
1 THE CIRCLE INSPECTOR OF POLICE
SANTHANPARA, IDUKKI, PIN-685619.
2 AYYAPPAN,
S/O.NATARAJAN, SHANMUGHA VILASOM, SURYANELLY PO,
IDUKKI-685618.
BY ADV SRI.UNNI SEBASTIAN KAPPEN
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. 4525 OF 2020 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.4525 of 2020
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Dated this the 28th day of June, 2021
JUDGMENT
The above writ petition is filed with the following
prayers :
a) A writ of mandamus or any other appropriate writ or
order directing the 1st respondent to provide adequate and
necessary protection to the petitioner's person and property
from any overt act on the part of the 2 nd respondent and his
supporters.
b) Hold that the 2nd respondent has no right to threaten the
petitioner or to interfere with the enjoyment of the properties
in the petitioner's possession and occupation.
c) Issue such other writ, order or direction as are deemed
just and proper on the facts and circumstances of the case."
2. When this writ petition came up for consideration
on 18.2.2020, this Court passed the following order :
"Issue notice to 2nd respondent by special messenger.
There shall be an interim direction to the Police to act upon
the Ext. P4 complaint and accord necessary protection to the
life and property of the petitioner, if so warranted.
Post on 26.02.2020."
3. Now, the counsel for the petitioner submitted that
after retaining the above order, this writ petition can be
closed. The counsel for the 2 nd respondent submitted that the
allegations in the writ petition are not correct and there is no
threat from his side towards the petitioner. The Government
Pleader submitted that 3 crimes are registered in connection
with the dispute between the petitioner and the 2 nd
respondent.
4. In the light of the above submissions, I think this
writ petition can be disposed, retaining the interim order.
There can be a direction to the petitioner to approach the local
police, if there is any threat to his life. As far as the civil
dispute is concerned, the parties can approach the
appropriate court for their relief. Hence, this writ petition is
disposed, after retaining the interim order in the following
manner.
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 representation is received, the Station House
Officer concerned will do the needful, in accordance to law
and as per the directions in the interim order.
3) All other contentions of the petitioner and the contesting
respondent are left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 4525/2020
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF REGISTERED DEED DATED
4.5.1996.
EXHIBIT P2 TRUE COPY OF REGISTERED DEED DATED
22.11.2004.
EXHIBIT P3 TRUE COPY OF REGISTERED DEED DATED
18.11.2006.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
14.1.2020 BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF FIRST INFORMATION REPORT
NO.0068 DATED 10.2.2019.
EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 1.11.2019
SUBMITTED BY ONE RAMAYYA AGAINST THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF COMPLAINT LODGED AGAINST THE
2ND RESPONDENT BY A RELIGIOUS CONGREGATION
ON 17.1.2020.
