Kerala High Court
Mithun Shaji vs State Of Kerala on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 21056 OF 2021
PETITIONER:
MITHUN SHAJI
AGED 33 YEARS
S/O M.G.SHAJI,
BUILDING NO.31/68B, ELOOR MUNICIPALITY, ELOOR VILLAGE, PARAVOOR
TALUK, ERNAKULAM DISTRICT, PIN-683501.
BY ADVS.
DIVYA C BALAN
SREEVALSAN.V
D.SREENATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
THIRUVANANTHAPURAM, PIN-685001.
2 SUB INSEPCTOR OF POLICE
ELOOR POLICE STATION, ERNAKULAM DISTRICT, PIN-683501.
3 KOCHURANI ANTONY
MUTRA-115, PUNITHURA P.O, TRIPUNITHURA, ERNAKULAM, PIN-682038.
OTHER PRESENT:
SRI.E C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21056 OF 2021
2
JUDGMENT
The petitioner says that he purchased a property owned by the
3rd respondent in a public auction conducted by the Canara Bank
and that this appears to have infuriated the said respondent, who is
now constantly meting out threats and intimidation to him,
including by calling him on his phone, in order to force him to resile
from the sale. He says that at least on two occasions, certain
unidentified persons came to the building where he is residing and
threatened him not to continue with the sale; and that therefore, he
had no other option but to approach the 2 nd respondent - Sub
Inspector of Police, through Ext.P5, seeking protection. He says
that, however, since no action has been taken on his request, he has
been constrained to approach this Court through this writ petition.
2. I have heard Sri.Subramanian Namboothiri, learned
counsel appearing for the petitioner and Sri.E.C.Bineesh, learned
Government Pleader appearing for the official respondents.
3. Even though notice has been validly served on
respondent No.3, he has chosen not to appear before this Court in
WP(C) NO. 21056 OF 2021
person or to be represented through counsel; inferentially guiding
me to the impression that he has noting to offer in answer to the
various allegations of the petitioner.
4. Sri.E.C.Bineesh, learned Government Pleader, submitted
that the petitioner appears to have approached this Court based on
apprehensions, but not because he has been specifically
threatened. He pointed out that, even going by the pleadings on
record, the petitioner says that certain persons, who were seen in
the premises of his house on 28.09.2021, are believed to be the
relatives of the 3rd respondent; but that he does not aver any
specific information on this. He then added that, in any event of the
matter, in implicit compliance of the directions of this Court in the
interim order dated 04.10.2021, the petitioner has been effectively
and adequately protected.
5. In the afore circumstances, and in particular since the
3rd respondent has kept away from this Court in spite of valid
service of notice, I order this writ petition and confirm the interim
order dated 04.10.2021; with a consequential direction to the 2 nd
respondent to act as per its terms, to ensure that the law and order
is always maintained without any breach being allowed in the area
WP(C) NO. 21056 OF 2021
where the petitioner is residing by the party respondents or their
men or associates in future.
sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 21056 OF 2021
APPENDIX OF WP(C) 21056/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE CERTIFICATE NO.1297/2021 OF
SRO ALANGAD.
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
VILLAGE OFFICER, ELOOR DATED 16/07/2021.
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY
THE ELOOR VILLAGE OFFICE DATED 13.08.2021.
Exhibit P4 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY
THE ELOOR MUNICIPALITY DATED 29/09/2021.
Exhibit P5 A TRUE COPY OF THE COMPLAINT GIVEN AT THE OFFICE OF
THE 2ND RESPONDENT DATED 30.09.2021.
