Kerala High Court
Rajan C. Samuel vs The District Superintendent Of ... on 29 October, 2021
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. 541 OF 2021
PETITIONERS:
1 RAJAN C. SAMUEL
AGED 73 YEARS
S/O.SAMUEL, CHARIVUPURAYIDATHIL, ELANTHOOR P.O.,
ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT-689
643.
2 MRS.MARY RAJAN,
AGED 72 YEARS
W/O.RAJAN C.SAMUEL, CHARIVUPURAYIDATHIL,
ELANTHOOR P.O., ELANTHOOR VILLAGE, PATHANAMTHITTA
DISTRICT-689 643.
BY ADVS.
LIJU.V.STEPHEN
SMT.INDU SUSAN JACOB
RESPONDENTS:
1 THE DISTRICT SUPERINTENDENT OF POLICE
POLICE HEAD QUARTERS, PATHANAMTHITTA-689 645.
2 THE CIRCLE INSPECTOR OF POLICE,
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA -689
645.
3 THE STATION HOUSE OFFICER,
PATHANAMTHITTA-689 645.
4 MR.UDAYAN,
AGED 46 YEARS
S/O.NANU, KANIPARAMBIL HOUSE, WARD NO.VIII,
ELANTHOOR P.O., PATHANAMTHITTA DISTRICT-689 643.
5 MR.UNNI
AGED 36 YEARS
2
W.P.(C)No.541of 2021
S/O.VASUEDEVAN PILLAI, RESIDING AT MADAVAM, NEAR
TO DEEPTHY VAYANASHALA, ELANTHOOR P.O.,
PATHANAMTHTTA DISTRICT-689 643.
6 MR.SHAMBU,
AGED 33 YEARS
S/O.VASUDEVAN PILLAI, RESIDING AT MADAVAM, NEAR
TO DEEPTHY VAYANASHALA, ELANTHOOR P.O.,
PATHANAMTHITTA DISTRICT-689 643.
7 MR.ANIL,
AGED 46 YEARS
S/O.GOPINATHAN NAIR, THOTTATHIL HOUSE, ELANTHOOR
P.O., PATHANAMTHITTA DISTRICT-689 643.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
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:
3
W.P.(C)No.541of 2021
JUDGMENT
Dated this the 29th day of October, 2021.
The petitioners say that they are both
septuagenarians and are being harassed by respondents
4 to 7 constantly. They say that, therefore, they had no
other option but to approach respondents 1 to 3 through
Ext.P5 seeking protection; but that since no action was
taken thereon, they have been constrained to move this
Court through this writ petition.
2. Sri.Liju.V.Stephen - learned counsel appearing
for the petitioners, submitted that, on 24.11.2020, the
party respondents and few others trespassed into their
property and fixed political banners and posters, which
was objected to by them. He submitted that this
infuriated the said respondents and subsequently they
have been meting out threats and intimidation to the
W.P.(C)No.541of 2021
petitioners on a constant basis. He says that since both
his clients are senior citizens and suffering from various
ailments, it is imperative that their lives and properties
are ordered to be adequately protected.
3. Sri.K.N.Radhakrishnan - learned counsel
appearing for the party respondents, however, submitted
that his clients have done nothing as has been alleged by
petitioners and that, in fact, the first among them is in
the habit of making complaints against everyone,
including their neighbours. He asserted that the
allegations made by the petitioners are without any basis
and are apocryphal; and that this will be vouched by the
police Authorities also. He, therefore, prayed that this
writ petition be dismissed.
4. Sri.E.C.Bineesh - learned Government Pleader,
interestingly, affirmed the afore submissions of
Sri.K.N.Radhakrshnan, saying that petitioners have made
more than 26 complaints in the last four years or so,
W.P.(C)No.541of 2021
against various persons, including the party respondents,
as also against the police. He submitted that, however,
the police have now taken necessary action to ensure
that the lives and properties of the petitioners are
adequately protected.
5. When I evaluate the afore submissions, it is
without doubt that, on one side, the petitioners say that
they have been threatened by respondents 4 to 7 and
their men; while on the other, the said respondents allege
that the petitioners are implicating them in unnecessary
cases, one after the other.
6. Whatever be the disputes as afore, the fact
remains that the police are under duty to protect the lives
of every citizen, as also their properties.
In the afore perspective, I allow this writ petition
and direct the 3rd respondent - Station House Officer, to
ensure that the lives of the petitioners are adequately and
effectively protected from every threat, intimidation, or
W.P.(C)No.541of 2021
violence from any source, including the party respondents
or their men; and make sure that law and order is
maintained in the area where they are residing, without
any breach of peace being allowed from any source.
Needless to say, I have not affirmatively found the
allegations of the petitioners against the party
respondents to be genuine or otherwise and leave these
matters to be investigated by the police Authorities, as
and when it becomes necessary.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/02.11.2021.
W.P.(C)No.541of 2021
APPENDIX OF WP(C) 541/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE EMAIL COMMUNICATION
DATED 06.01.2021 RECEIVED FROM THE
NATIONAL HUMAN RIGHTS COMMISSION WITH
REGARD TO THE COMPLAINT FILED BY THE
1ST PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE EMAIL COMMUNICATION
DATED 06.01.2021 SENT BY THE 1ST
PETITIONER TO THE HON'BLE CHIEF
MINISTER, RESPECTED DGP AND RESPECTED
SP, PATHANAMTHITTA WITH REGARD TO THE
COMPLAINT FILED BY THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT MADE BY
THE 1ST PETITIONER BEFORE THE 1ST
RESPONDENT DATED 08.12.2020.
EXHIBIT P4 A TRUE COPY OF THE WRITTEN COMPLAINT
MADE BY THE 1ST PETITIONER TO THE 1ST
RESPONDENT DATED 05.01.2021.
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT DATED
28.12.2020 MADE BY THE 1ST PETITIONER
TO THE RESPONDENTS 1 TO 3 AND OTHERS.
