Mathew Thomas vs State Of Kerala
2021 Latest Caselaw 10510 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.7906 OF 2021(K)


PETITIONER:

               MATHEW THOMAS
               AGED 88 YEARS, S/O AVIRA THOMAS, POONUTHURAPARAMBIL,
               THALAVADY P.O.,THALAVADY, ALAPPUZHA-689 572.

               BY ADVS.
               SRI.M.R.NANDAKUMAR
               SMT.MAYIKA SUNDAR

RESPONDENTS:

      1        STATE OF KERALA
               REP BY ITS SECRETARY, DEPARTMENT OF HOME,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        DIRECTOR GENERAL OF POLICE,
               POLICE HEAD QUARTERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM-695 010.

      3        DISTRICT POLICE CHIEF,
               CCSB ROAD, CIVIL STATION WARD, ALAPUZHA-688 012.

      4        STATION HOUSE OFFICER,
               EDATHWA POLICE STATION, ALAPUZHA-688 532.

      5        COMMUNIST PARTY OF INDIA (CPM)
               THALAVADY BRANCH,REPRESENTED BY ITS LOCAL SECRETARY
               SRI. KUNJUMON V.K, RESIDING AT VETTILAKANDATHIL
               HOUSE, KARIKUZHI P.O.NEERATTUPURAM-689 571.

      6        KERALA STATE KARSHAKA TOZHILALI UNION,
               THALAVADY BRANCH, REPRESENTED BY ITS CONVENOR,
               SRI. N.P. RAJAN, RESIDING AT NAMALASHERIL, PARETHODE,
               THALAVADY P.O.-689 572.

               R1 TO R4 BY SRI SUNIL NATH N.B- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7906 OF 2021(K)

                                  2

                             JUDGMENT

The petitioner, who is the owner in possession of 171.6 Ares

of Nilam in Sy.Nos.529/9, 530/4.1, 530/4.0 and 530/4.2 of

Thalavady Village in Alappuzha District, which is being cultivated

with paddy, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus commanding

respondents 2 to 4 to provide adequate and sufficient police

protection for harvesting paddy in the Nilam of the petitioner and

allow him to take grains to his residence in the harvesting machine.

The petitioner has also sought for a writ of mandamus commanding

respondents 3 and 4 to take immediate and effective steps/action

pursuant to Ext.P1, in accordance with law. In the writ petition it is

alleged that respondents 5 and 6 and their supporters are

threatening the petitioner by saying that they will not allow the

petitioner to take grains to his residence in case harvester is used

for harvesting in the petitioner's nilam. The petitioner submitted

Exts.P1 complaint dated 05.03.2021 before the 4 th respondent and

P2 complaint dated 12.03.2021 before the 3 rd respondent seeking

police protection, and thereafter filed this writ petition before this

Court seeking the aforesaid reliefs.

WP(C).No.7906 OF 2021(K)

2. On 26.03.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 to 4. Urgent notice on admission by

special messenger was ordered to respondents 5 and 6, returnable

by this date. The learned Government Pleader was directed to get

instructions.

3. Heard the learned counsel for the petitioner and also the

learned Government Pleader for respondents 1 to 4. Despite

service of notice, none appears for respondents 5 and 6.

4. The Kerala Police Act, 2011 is enacted to consolidate and

amend the law relating to the establishment, regulation, powers

and duties of the Police Force in the State of Kerala and for matters

connected therewith and incidental thereto. Chapter II of the Act

deals with duties and functions of Police. Section 3 of the Act deals

with general duties of Police. As per Section 3, the Police, as a

service functioning category among the people as part of the

administrative system shall, subject to the Constitution of India

and the laws enacted thereunder, strive in accordance with the law,

to ensure that all persons enjoy the freedoms and rights available

under the law by ensuring peace and order, integrity of the nation, WP(C).No.7906 OF 2021(K)

security of the State and protection of human rights. Section 4 of

the Act deals with functions of Police. As per Section 4, the Police

Officers shall, subject to the provisions of the Act, perform the

functions enumerated in clauses (a) to (s) of Section 4. As per

clause (a), the Police Officers shall enforce the law impartially; and

as per clause (b), the Police Officers shall protect the life, liberty,

property, human rights and dignity of all persons in accordance

with the law.

5. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."

6. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the

responsibilities of the police is protection of life, liberty and WP(C).No.7906 OF 2021(K)

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of investigation

is ultimately to search for truth and bring the offender to the book.

The Apex Court reiterated the said principle in Ankush Maruti

Shinde v. State of Maharashtra [(2019) 15 SCC 470].

7. During the course of arguments, the learned

Government Pleader, on instructions from the 4 th respondent

Station House Officer, would submit that on receipt of Ext.P2

complaint, the office bearers of respondents 5 and 6 were

summoned to the police station, who have given a written

undertaking, on 28.03.2021, that the members of the 5 th

respondent or the 6th respondent Unions will cause no obstruction

whatsoever to the harvesting of paddy in the petitioner's property

with harvester and transportation of grains to his residence in the

harvester.

Having considered the pleadings and materials on record and

also the submissions made by the learned counsel on both sides,

this writ petition is disposed of by directing the 4 th respondent

Station House Officer to take necessary steps to ensure that there

is no threat to law and order in the locality, at the time of WP(C).No.7906 OF 2021(K)

harvesting in the petitioner's paddy land in Sy.Nos.529/9, 530/4.1,

530/4.0 and 530/4.2 of Thalavady Village in Alappuzha District,

using harvester and transportation of grains to the residence of the

petitioner in the harvester.

Sd/-

                                      ANIL K.NARENDRAN
JV                                           JUDGE
 WP(C).No.7906 OF 2021(K)





                               APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 A TRUE COPY OF THE COMPLAINT MADE TO THE
                           4TH RESPONDENT

EXHIBIT P2                 A TRUE COPY OF THE COMPLAINT MADE TO THE
                           3RD RESPONDENT