Sunil Kumar N vs State Of Kerala
2021 Latest Caselaw 22664 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                           WP(C) NO. 19548 OF 2021
PETITIONER:
              SUNIL KUMAR N., AGED 51 YEARS,
              S/O.NADESAN, THEKKADATHU HOUSE, GOVINDAMUTTOM P.O.,
              KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 527.

              BY ADVS.M.T.SURESHKUMAR
              R. RANJITH


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

     2        THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHAKKAD,
              THIRUVANANTHAPURAM, PIN - 695 014.

     3        THE DISTRICT POLICE CHIEF,
              PATHANAMTHITTA DISTRICT, PATHANAMTHITTA, PIN-689 645.

     4        CIRCLE INSPECTOR OF POLICE, KONNY POLICE STATION,
              PATHANAMTHITTA DISTRICT, PIN- 689 645.

     5        MANOJ, S/O.RAMKRISHNAN, PUTHENVEEDU, ARUVAPULAM VILLAGE,
              OOTTUPARA PO, KONNY, PATHANAMTHITTA DISTRICT, PIN - 689 691.

     6        VINOD, S/O.RAMKRISHNAN, PUTHENVEEDU, ARUVAPULAM VILLAGE,
              OOTTUPARA PO, KONNY, PATHANAMTHITTA DISTRICT, PIN - 689 691.

     7        SUMESH, S/O.SADANANDAN, NANDHILATHU HOUSE, ARUPILACHI P.O.,
              KURUVIKONAM, ANCHAL, KOLLAM DISTRICT, NOW RESIDING AT ARYA
              BHAVAN, ARUVAPULAM P.O., ARUVAPULAM, KONNY, PATHANAMTHITTA,
              PIN - 689 691.

     8        ARUN, S/O.SUKUMARAN, PUTHENPURAYIL (ARYA BHAVAN) ARUPILACHI
              P.O., KURUVIKONAM, ANCHAL, KOLLAM DISTRICT, NOW RESIDING AT
              ARYA BHAVAN, ARUVAPULAM P.O., ARUVAPULAM, KONNY,
              PATHANAMTHITTA, PIN - 689 691.

              SRI.E C.BINEESH - GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION               ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19548 OF 2021
                                    -2-

                               JUDGMENT

The petitioner says that he is running a

business of sale of 'granite building stones',

under the name 'Galaxy Granites'; and that it is

operating on the strength of all necessary

permits, licence and consents from the various

statutory Authorities. He alleges that, however,

in spite of this, respondents 5 to 8 are now

constantly threatening him and his employees,

making certain confutative demands, to which he

cannot accede to; and, consequently, that he had

been constrained to approach the 3rd respondent -

District Police Chief, through Ext.P3

representation for protection; but that since no

action was taken thereon, he has been forced to

approach this Court through this writ petition.

2. I have heard Smt.Sreelakshmi Sabu -

learned counsel for the petitioner and WP(C) NO. 19548 OF 2021

Sri.E.C.Bineesh - learned Government Pleader,

appearing for the official respondents.

3. Even though notices from this Court have

been validly served on respondents 4 to 8, they

have chosen not to be present in person or to be

represented through counsel; thus inferentially

guiding me to the impression that they have

nothing to offer in answer to the allegations made

in this Writ Petition.

4. Sri.E.C.Bineesh - learned Government

Pleader, submitted that the Police have already

afforded adequate protection to the petitioner and

his employees in obedience to the interim order of

this Court dated 20.09.2021; and that there had

been no untoward incidents reported thereafter.

5. When I consider the afore submissions, and

in particular the fact that respondents 5 to 8

have kept away from this Court, I allow this writ WP(C) NO. 19548 OF 2021

petition and confirm the interim order dated

20.09.2021; with a consequential direction to the

4th respondent - District Police Chief, to ensure

that petitioner and his employees are afforded

adequate protection on a continuous basis; and

that necessary action be taken, as and when any

complaint is preferred by him against the party

respondents or their men or associates in future,

without any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19548 OF 2021

APPENDIX OF WP(C) 19548/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LICENSE NO.A4-

1194/18/20-21 ISSUED BY THE ARUVAPPULAM GRAMA PANCHAYATH DATED 27.4.2020

EXHIBIT P2 TRUE COPY OF THE FIR AND FIS IN CRIME NO.949 OF 2021 OF KONNY POLICE STATION DATED 3.9.2021

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION AND THE RECEIPT SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, PATHANAMTHITTA DATED 7.9.2021

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE