Rijesh vs State Of Kerala
2021 Latest Caselaw 23637 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                       WP(C) NO. 25744 OF 2021
PETITIONER:

          RIJESH
          AGED 33 YEARS
          S/O. JOSY, KUNJELUPARAMBIL HOUSE, MUTHAKUNNAM P.O.,
          PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN-683516.

          BY ADVS.
          SAJEEVAN KURUKKUTTIYULLATHIL
          VISHNU PRABHAKAR V.S.



RESPONDENTS:

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

    2     THE STATION HOUSE OFFICER,
          VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT, PIN-
          683516.

    3     THE DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF, SH 16, OPP.POWER
          HOUSE,ERNAKULAM DISTRICT, PIN-683101,

    4     ASHIK,
          AGED 22 YEARS
          S/O. SHYJAN, KALLUVEETTIL HOUSE, MUTHAKUNNAM P.O.,
          PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN-683516.

          SMT.SURYA BINOY,SR.G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25744 OF 2021
                                     2



                                  JUDGMENT

The petitioner alleges that he and his

family are being threatened by the 4th

respondent, against whom he had earlier filed a

complaint, which led to Ext.P1 Crime being

registered. He says that this infuriated the 4th

respondent to such extent, that he is now

constantly meting out threats and intimidation

to him; and consequently, he approached the 3rd

respondent - Superintendent of Police, through

Ext.P3, as also the 2nd respondent - Station

House Officer, through Ext.P2, seeking

protection; but that since no action has been

taken thereon, he has been constrained to

approach this Court through this writ petition.

2. Sri.Firos.E.S. - learned counsel

appearing for the 4th respondent, however,

submitted that every allegation in this writ WP(C) NO. 25744 OF 2021

petition made against his client is untenable

and contrary to truth. He added that the real

dispute between the parties is with respect to

the sale of a motor cycle; and that his client

has neither attacked the petitioner nor intents

to do so in future. He, therefore, prayed that

this writ petition be dismissed.

3. Smt.Surya Binoy - learned Senior

Government Pleader, appearing on behalf of the

official respondents, submitted that, in

implicit compliance of the directions of this

Court in the interim order dated 18.11.2021,

the lives of the petitioner and his family have

been afforded adequate and effective protection

and that there have been no untoward incidents

thereafter.

4. When I consider the afore submissions,

it is clear that there appears to be certain

disputes between the petitioner on one side and

the 4th respondent on the other, but the parties WP(C) NO. 25744 OF 2021

cannot be allowed to take law into their own

hands or to cause harm to each other.

Resultantly, I order this writ petition and

confirm the interim order dated 18.11.2021;

with a consequential direction to the 2nd

respondent to ensure that law and order is

maintained in the area - where the petitioner

is residing, without any breach of peace being

allowed to be committed by the party respondent

or his men or associates in future.

Needless to say, I have not considered the

merits of the rival disputes of the parties and

that all their contentions are left open to be

pursued by them, if they are so interested,

before any appropriate Forum or Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/30/11/2021 WP(C) NO. 25744 OF 2021

APPENDIX OF WP(C) 25744/2021

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE FIR IN CRIME NO.1001 OF 2021 OF VADAKKEKARA POLICE STATION IN ERNAKULAM RURAL.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 21.10.2021 SENT TO THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 6.11.2021 SENT TO THE 3RD RESPONDENT.