Kerala High Court
Wilfred @ Simon vs The State Of Kerala on 10 September, 2021
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. 15911 OF 2020
PETITIONER:
WILFRED @ SIMON
AGED 60 YEARS
S/O. NALLATHAMPY,AYANININNA VEEDU, KANJIRAMKULAM P.O.,
THIRUVANANTHAPURAM-695 524
BY ADVS.
R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-6985 001
2 DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-
695 014
3 SUPERINTENDENT OF POLICE (RURAL),
OFFICE OF SUPERINTENDENT OF POLICE (RURAL),
KURAVANKONAM, THIRUVANANTHAPURAM-695
4 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,NEYYATTINKARA
P.O., THIRUVANANTHAPURAM-695
5 STATION HOUSE OFFICER,
KANJIRAKULAM POLICE STATION, KANJIRAKULAM P.O.,
THIRUVANANTHAPURAM-695 524
6 SUB INSPECTOR OF POLICE,
KANJIRAKULAM POLICE STATION, KANJIRAKULAM P.O.,
THIRUVANANTHAPURAM-695 524
WP(C) NO. 15911 OF 2020
2
7 SANTHAKUMARI,
W/O. WILFRED @ SIMON,AYANININNA VEEDU,
KANJIRAMKULAM P.O., THIRUVANANTHAPURAM-695 524
8 ANCY
D/O. SANTHAKUMAR, AYANININNA VEEDU,
KANJIRAMKULAM P.O., THIRUVANANTHAPURAM-695 524
9 JOSE
,AYANININNA VEEDU, KANJIRAMKULAM P.O.,
THIRUVANANTHAPURAM-695 524
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.MATHEW DEVASSI
SRI.ABY J AUGUSTINE
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. 15911 OF 2020
3
JUDGMENT
The petitioner has approached this Court making
various allegations and assertions against the party
respondents, who are his wife, daughter and son in law.
2. However, When this matter was called today,
Sri.Mathew John, learned counsel appearing for respondents
7 to 9, submitted that all the allegations imputed against his
clients in this writ petition are false and that they have not
and do not intend, in any manner, to cause any harassment,
intimidation or threat to the life and property of the
petitioner.
3. I notice that when this matter was considered by a
learned Judge of this Court on 06.08.2021, the following
interim order had been issued:
"Notice before admission to the respondents.
The learned Government Pleader takes notice for
respondent Nos.1 to 6. The petitioner may serve
notice to respondents 7 to 9 by speed post or through
e-mail, FAX, Whatsapp etc. If service is attempted
electronically, the petitioner shall attach a copy of the
writ petition and shall produce proof of service
before the Registry.
Having considered the submissions made across
the bar, respondent Nos.5 and 6 is directed to ensure
that the law and order is maintained and, if sought
for, to afford necessary protection to the life and
property of the petitioner from any incursions by the
respondents 7 to 9."
WP(C) NO. 15911 OF 2020
4. The learned Government Pleader, Sri.E.C.Bineesh
submitted that the afore interim order has been complied
with implicitly by the Police Authorities and that law and
order has been maintained without any breach.
Taking note of the afore submissions and in particular
that of Sri.Mathew John, I allow this writ petition, confirming
the afore interim order; with a consequential direction to the
5th respondent - Station House Officer to ensure that there is
no violation of breach of peace in the area in question and
that the parties are not allowed to take law into their own
hands to cause or to commit any act against each other in
violation of law.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 15911 OF 2020
APPENDIX OF WP(C) 15911/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF REPRESENTATION DATED
6.7.2020 TO 3RD RESPONDENT WITH COPY
OF 2ND RESPONDENT
