Sudheendran K.V vs The District Police Chief
2021 Latest Caselaw 23683 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. 26038 OF 2021
PETITIONER:

          SUDHEENDRAN K.V.
          AGED 48 YEARS
          S/O.VASUDEVAN, KOLATHAPARAMBIL, PERUMBILLY P.O.,
          MULANTHURUTHY, PIN 682 314

          BY ADVS.
          AJITH GEORGE
          ALOK RAJ
          C.S.SHAHUL HAMEED
          SUNITHA SUBRAMANIAN
          ANTONY D' CRUZ



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          ERNAKULAM, DISTRICT POLICE CHIEF OFFICE, SH 16,
          OPPOSITE POWER HOUSE, ALUVA, ERNAKULAM 683 101

    2     THE STATION HOUSE OFFICER
          PIRAVOM POLICE STATION, PUMP-POLICE STATION LINK ROAD,
          PIRAVOM, ERNAKULAM PIN 686 664

    3     M.K.GOPALAN
          AGED 69 YEARS
          S/O.MYLAN, KULATHUMKUZHIYIL,MANEEDU P.O., PIRAVOM, PIN
          686 664



          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. 26038 OF 2021
                                   2




                            JUDGMENT

The petitioner says that he is the owner in

possession of 30 cents of land at Mulanthuruthy

and that he is trying to legally have it

resurveyed and measured, as per the applicable

Rules and Regulations. He says that, however,

the 3rd respondent has been hell bent on

creating trouble for him, and to obstruct the

measurement of the property, with the

confutative intent of reducing it illegally to

his possession; and that he has, even in the

past, tried to manipulate his mother-in-law, to

obtain her properties, which are lying next to

his.

2. The petitioner explains that the 3rd

respondent is related to his wife and that he

has now deviced a nefarious design to obtain WP(C) NO. 26038 OF 2021

the entire property to himself, for which

purpose, he is now meting out constant threats

and intimidations to him. He says that,

therefore, he preferred Ext.P1 complaint before

the 2nd respondent-Station House Officer seeking

protection; but that since no action has been

taken thereon, he has been constrained to

approach this Court through this writ petition.

3. I have heard Sri.Ajith George - learned

counsel for the petitioner and Smt.Surya Binoy

- learned Senior Government Pleader appearing

for the respondents 1 and 2.

4. Even though notice has been validly

served from this Court on the 3rd respondent, he

has chosen not to be present in person or to be

represented through counsel; inferentially

guiding me to the impression that he has no

objection to the reliefs sought for by the

petitioner being granted by this Court. WP(C) NO. 26038 OF 2021

5. Smt.Surya Binoy - learned Senior

Government Pleader, submitted that the police

have taken note the petitioner's complaint and

that law and order has been maintained, without

any breach being allowed by any person. She

submitted that this is manifest from the fact

that no untoward incidents have been reported

thereafter.

Taking note of the afore submissions and

since the 3rd respondent has kept away from this

Court, I deem it appropriate to order this writ

petition granting relief to the petitioner.

Resultantly, this writ petition is allowed

and the 2nd respondent-Station House Officer is

directed to afford adequate and effective

protection to the life and property of the

petitioner, as also that of his family, from

any let or interference from the 3rd respondent

or his men or associates in future. WP(C) NO. 26038 OF 2021

The 2nd respondent will also ensure that law

and order is always maintained in the area,

where the petitioner is residing, without any

breach of peace being permitted by the party

respondents or his men or associates.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/30/11/2021 WP(C) NO. 26038 OF 2021

APPENDIX OF WP(C) 26038/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 01.11.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 01.11.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT