Rajagopal vs State Of Kerala
2021 Latest Caselaw 23463 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                   THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943

                              WP(C) NO. 21791 OF 2021

PETITIONERS:

     1         RAJAGOPAL,
               AGED 45 YEARS
               S/O.VISWANATHA VELAR, KUPPAYYAN CHALLAYIL, K.K.PATHY P.O.,
               CHITTUR TALUK, PALAKKAD DISTRICT-678101.

     2         DEEPA RAJAGOPAL,
               AGED 38 YEARS
               W/O. RAJAGOPAL, KUPPAYYAN CHALLAYIL, K.K. PATHY P.O., CHITTUR
               TALUK, PALAKKAD DISTRICT-678101.

               BY ADV NIREESH MATHEW


RESPONDENTS:

     1         STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2         THE STATION HOUSE OFFICER,
               CHITTUR POLICE STATION, CHITTUR, PALAKKAD DISTRICT-678101.

     3         STATE OF KERALA,
               THE DEPUTY SUPERINTENDENT OF POLICE, CHITTUR, PALAKKAD DISTRICT-
               678101.

     4         UNNIKRISHNA MENON T.,
               AGED 66 YEARS
               S/O. RAMANKUTTY MENON, CHETTUMADAKALAM, K.K. PATHY P.O., CHITTUR
               TALUK, PALAKKAD DISTRICT-678101.


OTHER PRESENT:
             SRI.E C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21791 OF 2021

                                       2




                                JUDGMENT

The petitioners say that they are being threatened and intimidated

by the 5th respondent, who has even openly declared that he will do away

with them, their children and their father. They say that the threats of

the 5th respondent cannot be taken lightly because, on 22.09.2021, he

and his henchmen trespassed into their property and attacked them,

reiterating that he will not stop from taking their lives, if he is

obstructed. They say that, therefore, they had no other option but to

approach the 2nd respondent through Ext.P2 complaint seeking

protection; but that since no action has been taken thereon, they have

been constrained to approach this Court through this writ petition.

2. I have heard Sri.Gajendra Singh Raj Purohit, learned counsel

for the petitioners and Sri.E.C.Bineesh, learned Government Pleader

appearing for the official respondents.

3. Even though notice from this Court has been validly served

on respondent No.4, he has chosen not to appear in person or to be

represented through counsel; thus inferentially guiding me to the

impression that he has nothing to offer in answer to the various

allegations of the petitioners.

4. Sri.E.C.Bineesh, submitted that, in implicit compliance of the WP(C) NO. 21791 OF 2021

directions of this Court in the interim order dated 11.10.2021, the

petitioners and their family, including their father, have been adequately

and effectively protected.

5. When I evaluate the afore submissions, it is clear that the

petitioners say that they are living in their residence with their

octogenarian father and young children. They allege that the 4 th

respondent is now committing various acts of violence and abuse against

them with confutative motives and therefore, that they are entitled to be

afforded protection, both to their lives and properties.

6. I am certain that since the 4th respondent has chosen to keep

away from this Court in spite of valid service of notice, the petitioners

are entitled to the reliefs as sought for.

Resultantly, I order this writ petition and confirm the interim order

dated 11.10.2021; with a consequential direction to the 2 nd respondent to

act as per its terms and to ensure that the lives and properties of the

petitioners as also the lives of their father and their children, are

adequately and effectively protected from any intimidation, threat or

violence from any person, including the 4 th respondent or their men or

associates.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 21791 OF 2021

APPENDIX OF WP(C) 21791/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO. 10766/2021 DATED 30/04/2021.

Exhibit P2 TRUE PHOTOCOPY OF THE COMPLAINT DATED 25/09/2021 ALONG WITH ITS RECEIPT.