Mohanan.A vs The Station House Officer
2021 Latest Caselaw 20222 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943

                              WP(C) NO. 15175 OF 2021

PETITIONER:

               MOHANAN.A,
               AGED 64 YEARS,
               S/O.K. APPUKUTTAN NADAR,
               T.C.26/800 (2) CHEMPAKA NAGAR,
               BAKERY JUNCTION, SECRETARIAT WARD,
               THIRUVANANTHAPURAM
               PIN - 695 001.


               BY ADVS.
               ARJUN RAGHAVAN
               ADITHYA RAJEEV
               POOJA PANKAJ


RESPONDENTS:

     1         THE STATION HOUSE OFFICER,
               SREEKARIYAM POLICE STATION,
               THIRUVANANTHAPURAM DISTRICT PIN - 695 017.

     2         THE CIRCLE INSPECTOR OF POLICE,
               SREEKARIYAM POLICE STATION,
               THIRUVANANTHAPURAM DISTRICT PIN - 695 017.

     3         SMT. EKSY BAI,
               MANGARATHU PUTHUVAL, PUTHENVEEDU,
               POWDIKONAM P.O.
               THIRUVANANTHAPURAM DISTRICT PIN - 695 588.

     4         SRI. KUTTAPPAN,
               MANGARATHU PUTHUVAL, PUTHENVEEDU,
               POWDIKONAM P.O.
               THIRUVANANTHAPURAM DISTRICT PIN - 695 588.

     5         SMT. KALA,
               MANGARATHU PUTHUVAL, PUTHENVEEDU,
               POWDIKONAM P.O.
               THIRUVANANTHAPURAM DISTRICT PIN - 695 588.

OTHER PRESENT:

               SRI. E.C.BINEESH - GP



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

30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)No.15175 of 2021

                                   2




                           JUDGMENT

Dated this the 30th day of September, 2021

The petitioner is stated to be a senior citizen,

suffering from 40% permanent disability. He says that even

though he and his wife are residing in a property which is

owned by him, they have been continuously threatened and

intimidated by respondents 3 to 5, who are their neighbors

and relatives. He says that he was thus constrained to

obtain Ext.P10 order from the jurisdictional Revenue

Divisional Officer, but that, in spite of this, the threats

against him and his wife did not abate.

2. The petitioner says that, therefore, he preferred

Ext.P17 request before respondents 1 and 2 for protection;

but that no action was taken thereon, thus forcing him to

approach this Court through this writ petition.

3. I have heard Smt.Pooja Pankaj - learned counsel W.P(C)No.15175 of 2021

for the petitioner and Sri.E.C.Bineesh - learned Government

Pleader appearing for respondents.

4. Even though notices have been validly served on

respondents 3 to 5, they have chosen not to be present in

person or to be represented through counsel; thus

inferentially guiding me to the impression that they have

nothing in answer to the various allegations in the writ

petition. As far as respondent No.4 is concerned, the notice

issued to him has been returned with the endorsement that

he is not in India.

5. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that, in terms of the interim order

of this Court dated 30.07.2021, petitioner has been afforded

necessary and adequate protection and that no instances of

violation of law and order have been reported thereafter.

When I consider the afore submissions and in

particular, Ext.P10 order issued by the RDO, it is clear that

respondents 3 to 5 cannot be allowed to act in any manner to

cause nuisance or vexation of the petitioner and his wife. W.P(C)No.15175 of 2021

In the afore circumstances, I allow this writ

petition and confirm the interim order dated 30.07.2021;

with a consequential direction to the 2nd respondent to

ensure that the lives and properties of the petitioner and his

wife are adequately and effectively protected from all threats

and intimidation from any source, including the party

respondents.

The 2nd respondent will also ensure that law and

order is maintained in the area where the petitioner is

residing, without any violation of peace by any person,

including the party respondents, in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE

NR/30/09/2021 W.P(C)No.15175 of 2021

APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE DATED 29.03.2017, ISSUED BY THE CHAIRMAN, DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02.03.2020 ISSUED TO THE PETITIONER BY THE DEPARTMENT OF EMPOWERMENT OF PERSON WITH DISABILITIES, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, GOVERNMENT OF INDIA.,

Exhibit P4 A TRUE COPY OF THE SETTLEMENT DEED NO. 1522/96 DATED 08.05.1996 EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE BUILDING PERMIT DATED 15.11.1999 ISSUED BY THE SREEKARIYAM GRAMA PANCHAYAT TO THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 27.8.2002, ISSUED BY THE SREEKARIYAM GRAMA PANCHAYATH TO THE PETITIONER.

Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 27.8.2002 EVIDENCING THE PAYMENT OF BUILDING TAX.

Exhibit P8 A TRUE COPY OF THE LOCATION SKETCH OF THE ADJOINING PROPERTY BEARING SURVEY NUMBER 54/7.

Exhibit P9 A TRUE COPY OF THE LOCATION CERTIFICATE DATED 26.08.2019 ISSUED BY THE VILLAGE OFFICER, ULIYAZHATHURA.

Exhibit P10 A TRUE COPY OF THE ORDER BEARING NO. C5134/12 DATED 13.07.2012 ISSUED BY THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

Exhibit P11 A TRUE COPY OF THE RELEVANT PAGES OF THE BOOK ISSUED TO THE PETITIONER FROM KSEB.

Exhibit P12 A TRUE COPY OF THE RECEIPT DATED 12.12.2020 ISSUED BY THE KSEB TO THE PETITIONER. W.P(C)No.15175 of 2021

Exhibit P13 A TRUE COPY OF THE LAND TAX RECEIPT DATED 07.01.2015 ISSUED FROM THE ULIYAZHATHURA VILLAGE OFFICER.

Exhibit P14 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE STATE HUMAN RIGHTS COMMISSION, THIRUVANANTHAPURAM DATED 08.02.2021.

Exhibit P15 A TRUE COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE HON'BLE MINISTER FOR REVENUE DEPARTMENT.

Exhibit P16 A TRUE COPY OF THE NOTICE DATED 22.03.2021 ISSUED BY THE STATE COMMISSIONERATE FOR PERSONS WITH DISABILITIES.

Exhibit P17 A TRUE COPY OF THE COMPLAINT/REQUEST DATED 01.07.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P18 A TRUE COPY OF THE RECEIPT DATED 01.07.2021, ISSUED FROM THE OFFICE OF THE IST RESPONDENT.