Valsalan.V.A vs The District Police Chief
2021 Latest Caselaw 13404 Ker

WP(C) NO. 27118 OF 2019
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          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. 27118 OF 2019
PETITIONER/S:

    1     VALSALAN.V.A.,
          AGED 54 YEARS
          S/O. ACHUTHAN, VIJAY BHAVAN, OMALOOR P.O.,
          MANJIKARA, PATHANAMTHITTA DISTRICT - 689 647

    2     RAJI K.V.
          AGED 45 YEARS
          W/O. VALSALAN V.A., VIJAY BHAVAN, OMALOOR P.O.,
          MANJINIKARA, PATHANAMTHITTA DISTRICT - 689 647

          BY ADVS.
          ARUN.B.VARGHESE
          SRI.R.SANJAY SANKAR



RESPONDENT/S:

    1     THE DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF,
          PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT -
          689 645

    2     THE SUB INSPECTOR OF POLICE
          PATHANAMTHITTA POLICE STATION,
          PATHANAMTHITTA.P.O., PATHANAMTHITTA - 689 645

    3     ABHILASH
          S/O. USHA NAIR, PEZHUMOTTIL, OMALOOR P.O.,
          MANJINIKARA, PATHANAMTHITTA DISTRICT - 689 647
 WP(C) NO. 27118 OF 2019
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    4    RENJITH
         PEZHUMOTTIL, OMALOOR P.O., MANJINIKARA,
         PATHANAMTHITTA DISTRICT - 689 647

    5    USHA NAIR
         PEZHUMOTTIL, OMALOOR P.O., MANJINIKARA,
         PATHANAMTHITTA DISTRICT - 689 647

        BY ADVS.
        SRI.C.R.REGHUNATHAN
        SRI.M.V.ASHIM
        SRI.R.BALAKRISHNAN
        SRI.B.HARRYLAL



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. 27118 OF 2019
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            P.V.KUNHIKRISHNAN, J.
         ===================
           WP(C) No.27118 OF 2019
         ===================
      Dated this the 28th day of June 2021


                     JUDGMENT

The above writ petition is filed with following

prayers;

" 1) To issue a writ of mandamus or any other writ or order directing respondents 1 and 2 to grant effective and adequate police protection to the life of the writ petitioners and to their family members.

2) To issue a writ of mandamus or any other writ or order directing the respondents 1 and 2 to grant effective and adequate police protection to complete the construction of the compound wall already commenced.

3) To issue a writ of mandamus or any other writ or order directing the respondents 1 and 2 to maintain law and order in the locality where the writ petitioners as well as the respondents 3 to 5 are residing.

4) To issue a writ of mandamus or any other writ or order directing the 1st respondents to take action on exhibit P8 complaint submitted by the writ petitioners.

5) To pass any other appropriate writ or WP(C) NO. 27118 OF 2019

order as is deem fit and proper by this court"

2. The learned counsel for the petitioners

submitted that, there is threat to the life of the petitioners

from party respondents. The learned counsel submitted

that, the party respondents are using filthy and abusive

languages.

3. The learned Government Pleader submitted

that, if there is any law and order issue, the police will act

in accordance to law. The learned Government Pleader

also submitted that, Crime No. 2355/2019 is registered by

the Pathanamthitta Police in connection with an issue

happened in 2019. In the light of the above submission, I

think, this writ petition can be disposed of directing the

police to maintain law and order. If there is any law and

order problem, the petitioners can file a representation

before the police and the police will do the needful.

Therefore, this writ petition is disposed of with the

following directions.

WP(C) NO. 27118 OF 2019

1) If there is any law and order issue the

petitioners are 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.

3) All other contentions of the petitioners and the

contesting respondents are left open.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 27118 OF 2019

APPENDIX OF WP(C) 27118/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO. 1424/2002 OF SRO PATHANAMTHITTA

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 3/1/2018 ISSUED BY OMALOOR VILLAGE OFFICE

EXHIBIT P3 TRUE COPY OF THE PHOTOS SHOWING THE WAY, THE COMPOUND WALL AND THE HOUSE OF THE WRIT PETITIONERS

EXHIBIT P4 TRUE COPY OF THE DETAILED REPLY DATED 5/9/2018 SUBMITTED BY THE FIRST WRIT PETITIONER BEFORE THE SECRETARY OF THE AMALOOR GRAMA PANCHAYATH

EXHIBIT P5 TRUE COPY OF THE LETTER NO. SC2-83/2019 DATED 31/1/2019 ISSUED BY THE AMALOOR GRAMA PANCHAYATH

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF PLP NO 2033/19 FILED BY THE WRIT PETITIONER BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY, PATHANAMTHITTA

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 21/8/2019 SUBMITTED BY THE 2ND WRIT PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 2/9/2019 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE RECEIPT ISSUED

// True Copy //

PA to Judge