P.K.Rajan vs State Of Kerala
2021 Latest Caselaw 21080 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      WP(C) NO. 20217 OF 2021
PETITIONER:

          P.K.RAJAN
          AGED 54 YEARS
          S/O KUTTY ACHARI, PANDARAMPARAMBIL HOUSE,
          PANICKANKUDY POST,
          KONNATHADY VILLAGE, UDUMBANCHOLA TALUK,
          IDUKKI DISTRICT.
          BY ADV S.JIJI
          PRATHEESH PRABHA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY HOME SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT SUPERINTENDENT OF POLICE
          OFFICE OF THE SUPERINTENDENT OF POLICE, PAINAVE P.O,
          CHERUTHONI, IDUKKI DISTRICT-685602.
    3     THE STATION HOUSE OFFICER
          VELLATHOOVAL POLICE STATION, VELLATHOOVAL POST,
          IDUKKI-685563.
    4     AMMINI
          AGED 58 YEARS
          W/O LATE MANI, PANDARAMPARAMBIL HOUSE, PANICKANKUDY
          POST, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
          DISTRICT-685562.
    5     APPUKKUTTAN
          AGED 51 YEARS
          S/O KUTTY ACHARI, PANDARAPARAMBIL HOUSE,
          PANICKANKUDY POST, KONNATHADY VILLAGE, UDUMBANCHOLA
 W.P.(C)No. 20217 of 2021                  2


              TALUK, IDUKKI DISTRICT-685562.


              SRI.E C.BINEESH - GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,           THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 20217 of 2021         3




                           JUDGMENT

The petitioner alleges that respondent Nos. 4 and 5, who

are his brother and the wife of another brother, are harassing

him and his family, meting out threats and intimidations, with

an intent to grab his property; and that for such purpose,

they have attempted to destroy its boundary and are dumping

garbage and other waste in the well situated therein.

2. The petitioner submits that when the harassment to

his family continued unabated, he was forced to approach the

3rd respondent - Station House Officer, through Ext. P5

complaint seeking protection; but that since no action was

taken thereon, he has been constrained to move this Court

through this writ petition.

3. In response, Sri. Valsa Krishnan - learned counsel

appearing for respondents 4 and 5, submitted that the

allegations impelled against his clients in this writ petition are

without basis and incorrect; and that they suspect that this

had been done by the petitioner so as to create a defence

against the various litigations which are pending with respect

to the property in question. He, however, reiteratingly

submitted that his clients have not and do not intend to

threaten or intimidate the petitioner or his family and thus

prayed that this writ petition be dismissed.

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

submitted that, pursuant to the interim order of this court

dated 29.09.2021, the police have protected the lives of the

petitioner and his family, as also his property; and

consequently that no untoward incidents have been reported

thereafter.

5. When I evaluate the afore submissions, it is luculent

that respondents 4 and 5 are unequivocal in their submissions

that they do not intend to cause any trouble to the petitioner

or to his family or to his property; but that they have already

invoked their civil remedies before the competent Civil Court.

In the afore circumstances I allow this writ petition and

direct the 3rd respondent to ensure that the lives and

property of the petitioner and his family are adequately and

effectively protected from every threat or intimidation or

violence from any person, including respondents 4 and 5 or

their men; and to further make sure that law and order is

maintained in the area where the petitioner is residing,

without any breach of peace being committed in future by

any person.

Needless to say, all the rival contentions and remedies of

the parties are left open to be pursued by them appropriately

before the competent Civil Court, without in any manner

being hampered or fettered by any of the observations in this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/20.10.2021.

APPENDIX OF WP(C) 20217/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 29.05.2015.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 29/08/2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 28/09/2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE JFCM COURT, ADIMALY DATED 27/02/2019.

Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27/12/2020.