Karunakaran M vs The Station House Officer
2021 Latest Caselaw 21334 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943

                              WP(C) NO. 20305 OF 2021

PETITIONER:

               KARUNAKARAN M
               AGED 83 YEARS
               S/O.KRISHNAN, KATTAKKAL VEEDU, KARYOD, KOKKOTTELA,
               KUTTICHAL.P.O, THIRUVANANTHAPURAM DISTRICT,
               PIN-695574.

               BY ADV CIBI THOMAS



RESPONDENTS:

     1         THE STATION HOUSE OFFICER
               ARYANAD POLICE STATION, ARYANADU, THIRUVANANTHAPURAM,
               PIN-695 542.

     2         THE DEPUTY SUPERINTENDENT OF POLICE
               KATTAKKADA, THIRUVANANTHAPURAM DISTRICT,
               PIN-695 121.

     3         THE DISTRICT POLICE CHIEF
               THIRUVANANTHAPURAM RURAL, SENATE HOUSE CAMPUS, PALAYAM,
               THIRUVANANTHAPURAM, PIN-695 033.

     4         THE DISTRICT COLLECTOR,
               THIRUVANANTHAPURAM, CIVIL STATION BUILDING,
               THIRUVANANTHAPURAM-695 043.

     5         RENU @ HONEYROSE,
               AGED 33 YEARS
               P.K.SADANAM, KARYOD, KOKKOTTELLA, KUTTICHAL.P.O,
               THIRUVANANTHAPURAM DISTRICT,PIN-695 574.




               SRI.E C.BINEESH - GP




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

29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 20305 of 2021
                                       2




                              JUDGMENT

Dated this the 29th day of October, 2021.

The petitioner says that he is an "Ex-service" man and

a law abiding citizen and that he had objected to the illegal

mining of river sand by the 5 th respondent. He says that

even though the 4th respondent - District Collector has

banned such mining on the banks of the river, the 5 th

respondent engaged in such illegal activities even

thereafter.

2. The petitioner alleges that the 5th respondent,

being now infuriated by the complaints made against her,

is now meting out threats and intimidation to him and his

wife on a constant basis and consequently, that they fear

that they may even be done away with. He says that,

therefore, he preferred Ext.P2 complaint before the 2 nd

respondent seeking protection; but that since no action W.P.(C)No. 20305 of 2021

was taken thereon, he has been constrained to approach

this Court through this writ petition.

3. I have heard Sri.Cibi Thomas - learned counsel

appearing for the petitioner; Sri.E.C.Bineesh - learned

Government Pleader appearing for official respondents.

4. Even though notice from this Court has been

validly served on the 5threspondent she has chosen not to

be present in person or to be represented through counsel,

inferentially guiding me to the impression that she has no

objection to the grant of any relief to the petitioner in this

writ petition.

5. Sri.E.C.Bineesh - learned Government Pleader,

submitted that, in obedience to the interim order of this

Court dated 28.09.2021, the lives of the petitioner and his

wife, as also their property, have been effectively and

adequately protected.

Taking note of the afore and since the 5 th respondent

has chosen not to appear before this Court, I order this W.P.(C)No. 20305 of 2021

writ petition, confirming the interim order dated

28.09.2021; consequentially directing the 1st respondent to

implicitly act as per its terms and to ensure that law and

order is maintained in the area where the petitioner is

residing, without any breach being allowed to be

committed by any person, including the 5th respondent or

her men or associates.

Sd/-

DEVAN RAMACHANDRAN JUDGE Raj/29.10.2021.

W.P.(C)No. 20305 of 2021

APPENDIX OF WP(C) 20305/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EX-SERVICEMAN IDENTITY CARD OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P2(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD. Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P3(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD. Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P4(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD.