Saidalavi vs The Deputy Superintendent Of ...
2021 Latest Caselaw 18904 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. 2736 OF 2020
PETITIONER:

          SAIDALAVI, AGED 42 YEARS,
          S/O. MOIDEEN @ BAVA, PILATHOTTATHIL HOUSE, PULLUR,
          THEKKEN KUTTUR P.O, TIRUR TALUK, MALAPPURAM DISTRICT.

          BY ADVS.
          C.M.MOHAMMED IQUABAL
          SMT.ANJALI G.KRISHNAN
          SMT.N.S.SOUMYA MOL
          SRI.P.ABDUL NISHAD


RESPONDENTS:

    1     THE DEPUTY SUPERINTENDENT OF POLICE,
          TIRUR, TIRUR P.O, PIN 676 101.

    2     THE SUB INSPECTOR OF POLICE,
          TIRUR POLICE STATION, TIRUR P.O, MALAPPURAM DISTRICT,
          PIN - 676 101.

    3     PARUKUTTY, W/O. VELAYUDHAN, VARIKOTTUPARAMBIL HOUSE,
          VADAKKAN PULLUR, THEKKEN KUTTUR P.O, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676 551.

    4     PRAJEESH, S/O. VELAYUDHAN, VARIKOTTUPARAMBIL HOUSE,
          VADAKKAN PULLUR, THEKKEN KUTTUR P.O, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676 551.

    5     PRAKASAN, S/O. VELAYUDHAN, VARIKOTTUPARAMBIL HOUSE,
          VADAKKAN PULLUR, THEKKEN KUTTUR P.O, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676 551.

          BY ADVS. SRI.P.VENUGOPAL (1086/92)
          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. 2736 OF 2020
                                 -2-

                              JUDGMENT

The petitioner has approached this Court

making various allegations against respondents 3

to 5, thus asserting that he apprehends

intimidation and threat from them, even to his

life.

2. The petitioner says that there had been

earlier attempts from respondents 3 to 5 to harm

his life; and that he had approached the Police,

which resulted in Ext.P8 FIR being registered. He

says that he is, however, apprehensive of taking

further legal action against respondents 3 to 5,

since they have protection of the Scheduled Caste

and Scheduled Tribes (Prevention of Atrocities)

Act, 1989; and, therefore, that he was constrained

to approach the Police through Ext.P6 requesting

protection. He alleges that, however, no action

has been taken by the 2nd respondent - Sub WP(C) NO. 2736 OF 2020

Inspector of Police on his request, thus

constraining him to approach this Court, through

this writ petition.

3. I have heard Sri.C.M.Mohammed Iqubal -

learned counsel for the petitioner; Sri.Venugopal

- learned counsel appearing for respondents 3 to 5

and the learned Government Pleader -

Sri.E.C.Bineesh appearing for respondents 1 and 2.

4. Sri.E.C.Bineesh - learned Government

Pleader, submitted that, contrary to the

allegations of the petitioner, there have been no

law and order issues in the area in question at

all and that the petitioner's life is being

properly and effectively protected. He submitted

that, therefore, no further orders need to be

issued against respondents 1 and 2.

5. Sri.Venugopal - learned counsel for

respondents 3 to 5, submitted that there are

several civil disputes between the parties, and WP(C) NO. 2736 OF 2020

that his clients believe that this writ petition

has been filed by the petitioner with a

confutative intention of forcing them to accede to

his demands without approaching the competent

Civil Courts and other appropriate Forums. He

submitted that, therefore, this writ petition may

not be allowed; however, adding that his clients

have not and will not cause any threat or

intimidation to the petitioner, nor commit any act

in violation of law in any manner.

6. Taking note of the afore submissions and

since this Court cannot enter into the merits of

the civil disputes between the parties, if any, I

deem it appropriate that this writ petition be

ordered, directing the 2nd respondent to

sufficiently protect the life of the petitioner.

In the afore circumstances, I allow this writ

petition and direct the 2nd respondent - Sub

Inspector of Police, to afford adequate and WP(C) NO. 2736 OF 2020

effective protection to the life of the petitioner

from any threat or intimidation from any source,

including the party respondents; however, making

it clear that they shall not intervene in any

civil disputes between the parties, and that none

of them will construe this above direction to mean

that they will obtain any undue advantage with

respect to the same before any Court or Forum.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 2736 OF 2020

APPENDIX OF WP(C) 2736/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THALAKKAD VILLAGE OFFICE DATED 4-7-2019

EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE THALAKKAD VILLAGE OFFICE IN THE NAME OF THE PETITIONER AND OTHERS DATED 30-11-2019

EXHIBIT P3 THE TRUE COPY OF THE FINALD ECREE IN IA.A NO. 31/2008 IN O.S NO. 132/2007 F MUNSIFF COURT, TIRUR DATED 25-02-2009

EXHIBIT P4 THE TRUE COPY OF THE COMMISSION REPORT IN FINAL DECREE IN I.A NO. 31/2008 IN O.S NO. 132/2007 OF MUNSIFF COURT, TIRUR DATED 26- 011-2008.

EXHIBIT P5 THE TRUE COPY OF THE DELIVERY REPORT IN E.P NO. 258/2009 IN FINAL DECREE IN I.A NO. 31/2008 IN O.S NO. 132/2007 OF MUNSIFF COURT, TIRUR DATED 2-2-2010

EXHIBIT P6 THE TRUE COPY OF THE REPRESNTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30-12-2019

EXHIBIT P7 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 301-2-2019

EXHIBIT P8 THE TRUE COPY OF THE FIR IN CRIME NO.214/2020 OF TIRUR POLICE STATION DATED 13.3.2020.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE