Kerala High Court
Dr.Sivadas vs The State Police Chief on 28 June, 2021
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. 6708 OF 2020
PETITIONER/S:
1 DR.SIVADAS,AGED 69 YEARS,S/O.KUTTAPAN,JEEVA NURSING
HOME,KALAYANADU,PLACHERY P.O.,PUNALUR-305.
2 SOORAJ RAVINDRANATH,S/O.RAVINDRANATH, EAST CLIFF LANE,
DEVASWOM BOARD JUNCTION, KOWDIAR P.O., NANTHANKODU,
THIRUVANANTHAPURAM-695 003.
BY ADVS.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.R.ANANTHAPADMANABAN
RESPONDENT/S:
1 THE STATE POLICE CHIEF KERALA STATE, OFFICE OF THE
STATE POLICE CHIEF, VELLAYAMBALAM, THIRUVANANTHAPURAM-
695 010.
2 DISTRICT POLICE CHIEF, KOLLAM DISTRICT,KOLLAM-001.
3 DEPUTY SUPERINTENDENT OF POLICE,PUNALUR-691 305.
4 CIRCLE INSPECTOR OF POLICE,
KULATHUPUZHA CIRCLE, KOLLAM DISTRICT-691 310.
5 SUB INSPECTOR OF POLICE,
THENMALA POLICE STATION, KOLLAM DISTRICT-691 574.
6 ANIL KUMAR,ARYA BHAVAN, NEAR PETROL PUMP, ANDOOR PACHA,
URUKUNNU, THENMALA-691 574.
7 UTHAMAN ACHARI,RESIDING AT URUKUNNU, ANDOOR PACHA,
THENMALA-691 574.
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. 6708 OF 2020
2
JUDGMENT
This Writ Petition is filed with the following prayers:-
(i) issue a writ of mandamus or any other writ, order
or direction commanding respondents 1 to 5 to issue
orders to ensure sufficient, effective and meaningful
protection to the lives of the petitioners.
(ii) issue a writ of mandamus or any other writ, order
or direction commanding respondents 1 to 5 to
consider and pass orders on Exhibit P3 representation
after affording an opportunity of hearing to the
petitioner, through their authorized representative,
within a timeframe fixed by this Hon'ble Court.
(iii) grant such other and further reliefs as deemed
by this Hon'ble Court fit and proper to grant in the
facts and circumstances of the case.
2. When this Writ Petition came up for consideration on
5.3.2020, this Court passed the following order:-
"Issue urgent notice to 6th and 7th respondent
by Special Messenger. The learned
Government Pleader takes notice for others.
The police shall accord necessary protection
to the life of the petitioner. Post on
12.3.2020"
WP(C) NO. 6708 OF 2020
3. Notice was taken to the contesting respondents by
special messenger. There is no appearance for the contesting
respondents.
4. When this Writ Petition came up for consideration
today, the counsel for the petitioners submitted that there is
no serious law and order situation now and this court may
kindly dispose the Writ Petition retaining the interim order.
The learned Government Pleader submitted that there is no
law and order issue now and if there is any such issue, the
Police will do the needful.
Therefore, this Writ Petition is disposed of retaining the
interim order and with following further directions:-
(i) If there is any law and order issue, the petitioners are
free to approach the Station House Officer concerned with a
representation.
(ii) If such a representation is received from the
petitioners, the Station House officer will do the needful in
accordance with law.
(iii) All other contentions of the petitioners and
the contesting respondents are left open.
sd
P V KUNHIKRISHNAN, JUDGE.
dl/
WP(C) NO. 6708 OF 2020
APPENDIX OF WP(C) 6708/2020
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF COMPLAINT SUBMITTED BY THE
1ST PETITIONER BEFORE THE SUB INSPECTOR
OF POLICE, THENMALA POLICE STATION.
EXHIBIT P2 THE TRUE COPY OF THE RECEIPT EVIDENCING
THE SUBMISSION OF THE COMPLAINT BEFORE
THE DEPUTY SUPERINTENDENT OF POLICE,
PUNALUR.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
22.02.2020 SUBMITTED BEFORE RESPONDENTS 1
TO 5.
