Sukkov vs Deputy Superintendent Of Police
2021 Latest Caselaw 20040 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

                             WP(C) NO. 19461 OF 2021

PETITIONER:

               SUKKOV
               AGED 63 YEARS
               S/O.GANGADHARAN VEERATHU VELI, VAYALAR PANAHCYATH, WARD 3,
               VAYALAR P.O., ALAPPUZHA DISTRICT, PIN - 688 536.

               BY ADVS.
               MANU HARSHAKUMAR
               RAPHAEL THEKKAN
               MARY ANN SAJI



RESPONDENTS:

     1         DEPUTY SUPERINTENDENT OF POLICE
               DYSP OFFICE, CHERTHALA, ALAPPUZHA DISTRICT, PINCODE - 688 524.

     2         STATION HOUSE OFFICER
               CHERTHALA POLICE STATION, ALAPPUZHA DISTRICT,
               PINCODE - 688 524.

     3         VIPIN
               AGED 35 YEARS
               S/O.SUKKOV VEERATHU VELI, VAYALAR PACHAYATH, WAD 3, VAYALAR
               P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN- 688 536.


OTHER PRESENT:

               SRI. E.C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19461 OF 2021
                                   2




                            JUDGMENT

The petitioner, who is a senior citizen aged 63 years, has

approached this Court alleging that he and his wife are being

meted out threats and intimidation by their son - the 3 rd

respondent. The petitioner says that he is a chronic heart patient

and that they are now being taken care of by their daughter and

son-in-law in their house, because he and his wife were forced to

leave their home on account of the 3 rd respondent and his friend

staying there and causing unbearable nuisance to them.

2. The petitioner alleges that the 3 rd respondent is now

constantly harassing him for money and that when he refused to

accede to the same, he assaulted him twice in the past and

continues to subject him and his wife to physical violence. The

petitioner says that, he therefore, he had no other option but to

approach 2nd respondent - Station House Officer, through Ext.P1,

seeking protection; but alleges that no action was taken thereon,

thus constraining him to have approached this Court through this

writ petition.

3. In response to the afore submissions made on behalf of WP(C) NO. 19461 OF 2021

the petitioner by his learned counsel - Sri.Manu Harshakumar, the

learned counsel appearing for the 3 rd respondent - Smt.K.N.Rajani,

submitted that the allegations in the writ petition against her client

are wholly incorrect and even malicious because his wife is now

bedridden, with requirement of constant medical attention. She

submitted that petitioner has approached this Court without any

reason because her client has neither in the past nor intends in the

future to cause any threat or intimidation or nuisance to him. After

saying as afore, to a pointed question from this Court, she

conceded that the 3rd respondent is staying in the house of the

petitioner along with a friend, but asserted that he has caused no

nuisance or trouble to him and that the allegation of assault having

been committed by him in the past is untrue. She then explained

that the petitioner has made these allegations only because her

client's wife had filed a complaint against him that he and wife had

illegally retained her gold and money. She, therefore, prayed that

this writ petition be dismissed.

4. When I analyze the pleadings on record and the

submissions of the rival parties, it prima facie appears that the

petitioner and his wife fear the 3 rd respondent and have fled from

their house to that of their daughter on such account. Therefore, WP(C) NO. 19461 OF 2021

there is an obligation cast on this Court under law to ensure that

the lives of the petitioner and his wife are protected from any

threat or intimidation, including from 3rd respondent.

5. Sri.E.C.Bineesh, learned Government Pleader, affirmed

by view as afore and submitted that the Police have now taken all

necessary steps in obedience to the earlier interim order of this

Court, to protect the lives of the petitioner and his wife. He added

that this will continue to be done in the future also.

Taking note of the afore submissions, I allow this writ petition

and confirm the interim order dated 17.09.2021; and consequently,

direct the 2nd respondent - Station House Officer to ensure that the

lives of the petitioner and his wife and their properties are

adequately and effectively protected from any threat or

intimidation, including from the 3rd respondent and his men.

Further, since property in question admittedly belongs to the

petitioner, the 3rd respondent cannot reside without his permission.

Therefore, the Police will also ensure that the said respondent and

his friend are evicted, so that the petitioner and his wife can then

continue to reside there in peace and without any harm to their

dignity. The afore shall also be ensured by the 2 nd respondent

effectively.

WP(C) NO. 19461 OF 2021

Needless to say, the 2nd respondent be obligated to ensure

that law and order is maintained in the area where the petitioner

and his wife are residing and to ensure that there is no breach of

peace by anyone in future also.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 19461 OF 2021

APPENDIX OF WP(C) 19461/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PETITIONER FILED BEFORE THE SHO CHERTHALA POLICE STATION ON 05/07/2021.

Exhibit P2 A TRUE COPY OF THE PETITION FILED BEFORE THE DYSP CHERTHALA DATED 07/09/2021.

Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE DYSPC CHERTHALA DATED 07/09/2021.

Exhibit P4 A TRUE COPY OF THE TAX RECEIPT OF THE YEAR 2020-21.