T.Prabhakaran vs State Of Kerala
2021 Latest Caselaw 18900 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                            WP(C) NO. 8493 OF 2021
PETITIONERS:
     1      T.PRABHAKARAN
            AGED 54 YEARS
            S/O. BELLACHI, KUMBACHIMOOLA HOUSE, BANDADKA P.O, CHENGALA,
            VIA KASARAGOD, KERALA - 671541.

     2       NIRMALA PRABHAKARAN
             AGED 50 YEARS
             W/O. T.PRABHAKARAN,
             KUMBACHIMOOLA HOUSE, BANDADKA P.O, CHENGALA, VIA KASARAGOD,
             KERALA - 671541.

             BY ADV MARIAN G.M.THARAKAN


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY HOME SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM, KERALA - 695001.

     2       THE CIRCLE INSPECTOR OF POLICE
             BEDAKAM, KASARGOD, KERALA - 671121.

     3       DISTRICT POLICE CHIEF
             KASARGOD, VIDYANAGAR, KASARAGOD TALUK, KASARGOD DISTRICT,
             KERALA - 671123.

     4       RADHA
             W/O. AMBADI, KUMBACHIMOOLA HOUSE, BANDADUKA P.O, VIA
             CHENGALA , KASARGOD- 671541.

     5       AMBAREESH
             S/O. AMBADI, KUMBACHIMOOLA HOUSE, BANDADUKA P.O, VIA
             CHENGALA , KASARGOD- 671541.

     6       ANEESH
             S/O. AMBADI, KUMBACHIMOOLA HOUSE, BANDADUKA P.O, VIA
             CHENGALA , KASARGOD- 671541.

             BY SRI.E.C.BINEESH-GP


     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8493 OF 2021
                                           2




                                 JUDGMENT

The petitioners have approached this Court alleging that

respondents 4 to 6 are continuously and incessantly harassing and

intimidating them, thus preventing their lawful farming and other

allied activities in their property, measuring two hectors comprised

of in Re.Sy.No.139/1 of Bandadka Village, Kasaragod Taluk.

2. The petitioners say that when the harassment meted out

to them became unbearable, they preferred Ext.P6 complaint

before the 3rd respondent - District Police Chief, seeking protection;

but alleges that since no action was taken thereon, they have been

constrained to approach this Court seeking appropriate orders.

3. The petitioners, therefore, pray that respondents 2 and

3 be directed to afford them adequate and effective protection,

including for their properties, from all illegal actions of respondents

4 to 6.

4. I have heard Smt.Marian G.M.Tharakan, learned counsel

for the petitioner and Sri.E.C.Bineesh, learned Government Pleader

appearing for the official respondents.

5. Even though notices have been validly served on

respondents 4 to 6 from this Court, they have chosen not to be

present in person or to be represented through counsel, WP(C) NO. 8493 OF 2021

inferentially guiding me to believe that they have nothing to offer

in opposition to the averments in this writ petition.

6. The learned Government Pleader - Sri.E.C.Bineesh,

submitted that, as at present, the petitioners are not facing any

threat and that police are keeping a close vigil on the activities of

respondents 4 to 6 to avert any such. He submitted that police will

continue to do so in future and prayed that this writ petition be

ordered on such terms.

Taking note of the afore submissions and particularly because

respondents 4 to 6 have kept away from this Court, I allow this writ

petition and direct respondent No.2 to ensure that the lives and

properties of the petitioners are adequately and effectively

protected from any illegal action from respondents 4 to 6; and to

further ensure that law and order is not violated and that no one is

allowed to breach peace in future.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 8493 OF 2021

APPENDIX OF WP(C) 8493/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REVISED ORDER IN OS NO. 157/2003 DATED 19.12.2014 PASSED BY THE HONOURABLE PRINCIPAL MUNSIFF COURT, KASARAGOD.

EXHIBIT P2 TRUE COPY OF ORDERS PASSED IN RSA NO.350/2016 DATED 08.08.2016 PASSED BY THE HIGH COURT OF KERALA CONFIRMING THE DECREE PASSED IN O.S.NO.157/2003 BY THE PRINCIPAL MUNSIFF OF KASARAGOD.

EXHIBIT P3 TRUE COPY OF ORDERS DATED 17.11.2016 PASSED IN OP.

NO. 87/2016 BY THE STATE POLICE COMPLAINTS AUTHORITY.

EXHIBIT P4 TRUE COPY OF THE ORDERS DATED 12.06.2017 PASSED IN WP(C) 11792/2017 GRANTING POLICE PROTECTION TO THE PETITIONERS HEREIN.

EXHIBIT P5 RECEIPT DATED 05.03.2021 ISSUED BY THE BEDAKAM POLICE STATION ON COMPLAINT MADE BY PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 08.03.2021 ISSUED BY THE DISTRICT POLICE OFFICE KASARAGOD ON COMPLAINT MADE BY PETITIONERS.