Anilkumar vs Deputy Superintendent Of Police
2021 Latest Caselaw 18932 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. 16339 OF 2020
PETITIONER:

          ANILKUMAR, AGED 48 YEARS,
          S/O KUTTAPPAN, MUKALUVILA THEKKETHIL VEEDU,
          PUVATTOOR WEST, KULAKKADA VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT.

          BY ADV H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1     DEPUTY SUPERINTENDENT OF POLICE, DYSP OFFICE,
          KOTTARAKARA.P.O, KOLLAM DISTRICT-691506.

    2     SUB INSPECTOR OF POLICE, PUTHOOR POLICE STATION,
          PUTHOOR.P.O, KOLLAM DISTRICT-691507.

    3     SHOBHA, W/O VENU, REVATHY BHAVAN, POOVATTOOR WEST,
          MAVADI.P.O, KULAKKADA VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT-691 507.

    4     RAJESH, MADATHIL VADAKKETHIL VEEDU, POOVATTOOR WEST,
          MAVADI.P.O, KULAKKADA VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT-691507.

    5     SHOBHANA, MADATHIL VADAKKETHIL VEEDU,
          POOVATTOOR WEST, MAVADI.P.O, KULAKKADA VILLAGE,
          KOTTARAKARA, KOLLAM DISTRICT-691507.

    6     RAJESH, ILANJIKKOTTU VEEDU, POOVATTOOR WEST,
          MAVADI.P.O, KULAKKADA VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT-691507.

    7     SURESH, S/O SHANTHA, ILANJIKKOTTU VEEDU,
          POOVATTOOR WEST, MAVADI.P.O, KULAKKADA VILLAGE,
          KOTTARAKARA,KOLLAM DISTRICT-691507.

    8     VALSALA, D/O GOPALAN, ASWATHY BHAVAN,
          POOVATTOOR WEST, MAVADI.P.O,
          KULAKKADA VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT-691507.
 WP(C) NO. 16339 OF 2020
                                -2-

    9       MINI, D/O GOPALAN, MADATHIL VADAKKETHIL VEEDU,
            POOVATTOOR WEST, MAVADI.P.O, KULAKKADA VILLAGE,
            KOTTARAKARA, KOLLAM DISTRICT-691507.

   10       AJI, S/O GOPALAN, ANANDU BHAVAN, POOVATTOOR WEST,
            MAVADI.P.O, KULAKKADA VILLAGE, KOTTARAKARA,
            KOLLAM DISTRICT-691507.

   11       SARASWATHY, W/O AJI, ANANDU BHAVAN, ANANDU
            BHAVAN,POOVATTOOR WEST, MAVADI.P.O, KULAKKADA
            VILLAGE, KOTTARAKARA, KOLLAM DISTRICT-691507.

            BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR)
            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. 16339 OF 2020
                                  -3-

                              JUDGMENT

The petitioner has approached this Court

alleging that respondents 3 to 11 are harassing

and intimidating him, thus incapacitating from

effectively working as Oorali/Priest of Sree

Muhurthikkavu Devasthanam, Kollam District.

2. The petitioner alleges that respondents 3

to 11 are causing obstruction to him for entering

into the 'Kavu'; and that he was, in fact,

attacked on an earlier occasion, which led to

Ext.P3 petition being filed before the Special

Court for SC/ST cases - as is evident from Ext.P4

- and that same has been taken cognizance of under

the provisions of Sections 323, 294(b), 506 and 34

of Indian Penal Code. He asserts that, in spite of

this, respondents 3 to 11 are still causing

intimidation to him and, therefore, that he was

forced to approach the 1st respondent with Ext.P5 WP(C) NO. 16339 OF 2020

representation seeking protection. The petitioner

alleges that no action was taken thereon by the

said respondent, thus constraining him to approach

this Court through this writ petition.

3. I notice from the files that when this

case was considered for admission on 11.08.2020,

an interim order was granted directing respondent

No.2 to ensure that law and order is maintained in

the area in question.

4. When this matter was called today, the

learned Government Pleader submitted that, in

terms of the afore interim order, the Police have

ensured that life of the petitioner has been

adequately protected and that, as of now, there

are no issues faced by him.

5. I see that even though summons from this

Court have been validly served on respondents 3 to

11, they have chosen not to be present in person WP(C) NO. 16339 OF 2020

or to be represented through counsel;

inferentially guiding me to the impression that

they have nothing to offer in answer on the

various allegations made by the petitioner in this

writ petition.

Resultantly, this writ petition is allowed

confirming the interim order dated 11.08.2021;

with a consequential direction to the 2nd

respondent to ensure that the life of the

petitioner is adequately and effectively protected

from all threats and intimidation from any source,

including from the party respondents; and that law

and order is maintained without any breach of

peace in the area in question in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 16339 OF 2020

APPENDIX OF WP(C) 16339/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF SREE MUHURTHIKKAVU DEVASTHANAM DATED 2-5-2013

EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION FORMULATED BY THE KAVU WELFARE COMMITTEE DATED NIL

EXHIBIT P3 TRUE COPY OF THE CRL.M.P. FILED BY THE PETIIONER BEFORE THE SPECIAL COURT FOR SC/ST CASES DATED 15.10.2019

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED TO THE COMPLAINANT BY THE SPECIAL COURT FOR SC/ST CASES DATED 6.6.2020.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21-3-2020.

RESPONDENT'S/S EXHIBITS : NIL.

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