Kerala High Court
Ajith Kumar. S vs State Of Kerla on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 25053 OF 2020
PETITIONER:
AJITH KUMAR. S
AGED 50 YEARS
S/O SODARAN,SREE KRISHNA NILAYAM,
AGASTHIACODU,ANCHAL.P.O,
KOLLAM DISTRICT.
BY ADV ANCHAL C.VIJAYAN
RESPONDENTS:
1 STATE OF KERLA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2 STATE POLICE CHIEF,
POLICE HEAD QUARTERS,KERALA,
VAZHUTHACADU,THIRUVANANTHAPURAM,
PIN-695010.
3 THE DISTRICT POLICE CHIEF,
KOLLAM RURAL,KOTTARAKKARA,
PIN-695106.
4 THE STATION HOUSE OFFICER-INSPECTOR OF POLICE,
ANCHAL POLICE STATION,KOLLAM DISTRICT,PIN-691306.
5 VINOJ,
S/O.KRISHNA PILLAI,VIJAYASADANAM,
AMBALAMUKKU,AGASTHIACODU,ANCHAL.P.O,
KOLLAM DISTRICT,PIN-691306.
6 BIJUKUMAR,
S/O.KRISHNA PILLAI,VIJAYASADANAM,AMBALAMUKKU,
AGASTHIACODU,ANCHAL.P.O, KOLLAM DISTRICT,
PIN-691306.
7 RATHEESAN PILLAI,
S/O.GOPINATHAN,RAMA BHAVAN,AGASTHIACODU,
WP(C) NO. 25053 OF 2020
2
ANCHAL.P.O,KOLLAM DISTRICT,PIN-691306.
SRI E.C BINEESH-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25053 OF 2020
3
JUDGMENT
The petitioner, who claims to be running a "driving school"
on the strength of Exts.P1 and P2 permissions and clearances, has
approached this Court alleging that respondents 5 to 7 - who are
stated to be affluent and politically influential persons - are
constantly threatening and obstructing him from conducting the
business; and thus prays that respondents 2, 3 and 4 be directed to
afford him and his business adequate and effective protection
from them.
2. The petitioner says that respondents 5 and 7 are
actuated by malice and by confutative motives and that even
though they have no reason to obstruct his business, they are
choosing to do so for questionable reasons and therefore, that he
was left without any other option but to approach the police by
filing Exts.P6 and P7 requests seeking protection; and alleges that
the police officers concerned have not taken any action thereon
presumably, on account of the political influence wielded by the
said respondents.
WP(C) NO. 25053 OF 2020
3. The petitioner, therefore, prays that respondents 2, 3
and 4 be directed to afford him, his students and properties - both
movable and immovable-adequate and effective protection from
any threat or intimidation or violence from and at the hands of
respondents 5 to 7.
4. The afore submissions of the petitioner, made by his
learned counsel - Sri.Anchal C.Vijayan, were answered by the
learned Government Pleader - Sri.E.C.Bineesh, saying that
police are constantly maintaining vigil in the area in question, to
ensure that respondents 5 to 7 do not commit any act which will
have the effect of violation of law and order or infraction of
peace.
5. The learned Government Pleader added that, in fact, an
interim order has already been issued by this Court on 08.02.2021
and that 4th respondent is now making sure that same is complied
with implicitly. He further submitted that the allegation of the
petitioner, based on Ext.P5 - FIR stated to have been registered
by one of his students, has no bearing on this case because it
WP(C) NO. 25053 OF 2020
relates to another incident and that, in fact, a complaint was made
against him by another lady. He submitted that notwithstanding
Ext.P5, the police will constantly ensure that the petitioner, his
students and business are adequately protected from respondents
5 to 7.
6. Even though summons have been validly served on
respondents 5 to 7 from this Court, they have chosen not to be
present in person nor to be represented through counsel;
inferentially guiding me to the impression that they have no
answer to any of the allegations of the petitioner in this writ
petition.
In the afore circumstances and since I see no reason why
respondents 5 to 7 should impede the business of the petitioner,
which is stated to be running on the strength of Exts.P1 and P2, I
order this writ petition and direct the 4th respondent - Station
House Officer to ensure that the lives of the petitioner and his
students, as also his properties, are adequately protected from any
act of violence from respondents 5 to 7; and that any threat or
WP(C) NO. 25053 OF 2020
intimidation that may be meted out by them against the petitioner
be dealt with swiftly and quickly in terms of law. I also leave
liberty to the petitioner to make any complaint before the 4th
respondent in the event he faces any such threat or intimidation
from respondents 5 to 7; in which event, said Authority will act
without any delay in dealing with the same by taking necessary
action against the perpetrators.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/01/09/2021
WP(C) NO. 25053 OF 2020
APPENDIX OF WP(C) 25053/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DRIVING SCHOOL LICENCE
NO.2/6/2017 DATED 22.03.2017 ISSUED BY THE
KERALA MOTOR VEHICLES DEPARTMENT
EXHIBIT P2 TRUE COPY OF THE LICENCE NO.A3/39/2020-21
DATAED 25.05.2020 ISSUED BY THE SECRETARY OF
THE ANCHAL GRAMA PANCHAYAT
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE NO.KLM /088
DATED 16.06.2020 ISSUED BY THE BHARAT SEVAK
SAMAJ IN FAVOUR OF THE PETITIONER'S INSTITUTE
EXHIBIT P4 TRUE COPY OF THE ISO 9001:2015 CERTIFICATE
ISSUED IN FAVOUR OF THE PETITIONER'S
INSTITUTE BY THE BSCIS CERTIFICATION PRIVATE
LIMITED.
EXHIBIT P5 TRUE COPY OF THE FIR IN CRIME NO.2681/2020 OF
ANCHAL POLICE STATION.
EXHIBIT P6 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
10.11.2020.
EXHIBIT P6(A) TRUE COPY OF THE RECEIPT DATED 10.11.2020
ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PETITION SUBMITTTED BY THE
PETITIONER TO TH E4TH RESPONDENT DATED
10.11.2020
EXHIBIT P7(A) TRUE COPY OF THE RECEIPT NO.967/2020 DATED
10.11.2020 ISSUED FROM THE OFFICE OF THE 4TH
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE F.I.R. AND F.I.S. IN CRIME
NO-2914/2020 OF ANCHAL POLICE STATION DATED
28.12.2020
EXHIBIT P9 TRUE COPY OF THE BROCHURE SHOWING THE DETAILS
OF COURSE AND FEES STRUCTURE OF THE
WP(C) NO. 25053 OF 2020
PETITIONER'S INSTITUTE
EXHIBIT P10 TRUE COPY OF THE INCOME TAX RETURN SUBMITTED
BY THE PETITIONER DATED 09.12.2020 FOR THE
ASSESSMENT YEAR 2020-21.
EXHIBIT P11 TRUE COPY OF THE LICENCE NO.A3-569/2020-21
DATED 25.03.2021 ISSUED BY THE SECRETARY OF
ANCHAL GRAMA PANCHAYAT
