Kerala High Court
Roy Mathew vs Superintendent Of Police, Idukki on 28 June, 2021
WP(C) NO. 5896 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. 5896 OF 2020
PETITIONER/S:
ROY MATHEW
AGED 58 YEARS
S/O. LATE MATHEW, PAMPLANIYIL HOUSE, HOUSE NO.7, OMEGA
KAIRA VILLAS, ERAVIMANGALAM P O, THRISSUR DISTRICT, PIN-
680751.
BY ADV BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1 SUPERINTENDENT OF POLICE, IDUKKI
PAINAVU, IDUKKI DISTRICT, PIN-685603.
2 STATION HOUSE OFFICER,
VELLATHOOVAL POLICE STATION, VELLATHOOVAL P O, IDUKKI
DISTRICT, PIN-685563.
3 BENNY KALLARACKAL,
KALLARACKAL HOUSE, MUTHUVANKUDY, CHENGULAM P O, ADIMALY-
VIA, IDUKKI DISTRICT, PIN-685565.
BY ADV SMT.A.A.SHIBI
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. 5896 OF 2020 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.5896 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 :
i. "Issue a writ of mandamus or any other appropriate
writ, order or direction, commanding the respondents 1 and 2
to provide adequate, sufficient and necessary police
protection to the life of the petitioner, his wife, his son and
employees, free from the threat, coercion, intimidation, attack
etc. on the part of the 3rd respondent and his henchmen
ii. Issue a writ of mandamus or any other appropriate writ,
order or direction, commanding the 1st and 2nd respondents to
consider and dispose of Ext.P4 representation, forthwith;
iii. Issue such other writ, order or direction which may
deem fit in the facts and circumstances of the case."
2. When this writ petition came up for consideration on
28.02.2020, this Court passed the following order :
"Issue notice to the 3rd respondent by special messenger.
If there is any threat to the life of the petitioner, the police
shall accord necessary protection to the life of the petitioner."
3. When this writ petition came up for consideration
today, the counsel for the petitioner submitted that this writ
petition may be disposed, after retaining the interim order.
The Government Pleader submitted that if there is any threat
to the life of the petitioner, the petitioner can approach the 2 nd
respondent and the 2nd respondent will do the needful.
In the light of the above submissions, I think this writ
petition can be disposed in the following manner, after
retaining the interim order.
1) If there is any threat to the life of the petitioner, the
petitioner is free to approach the 2nd respondent.
2) If such a representation is received, the 2 nd
respondent will do the needful, in accordance to law,
in the light of the interim order passed by this Court.
3) All other contentions of the petitioner and the 3 rd
respondent are left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 5896/2020
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.1778/2006 DATED
6.6.2006 OF THE SUB REGISTRY, DEVIKULAM.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 23.09.2019 IN
WP(C) NO.22518/2019 OF THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE NOTICE OF HEARING DATED
9.1.2020 ISSUED BY THE VELLATHOOVAL GRAMA
PANCHAYATH
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
24.02.2020 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST AND 2ND RESPONDENT.
