Citation : 2022 Latest Caselaw 3972 Ker
Judgement Date : 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 5826 OF 2022
PETITIONER:
BABU
AGED 62 YEARS
S/O VAMADEVAN, GEETHA BHAVAN, MUKKUNNOOR, VENJARAMMOODU
POST, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT
BY ADV J.JAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 010
3 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM , OFFICE OF THE DISTRICT POLICE CHIEF,
PALAYAM, THIRUVANANTHAPURAM-695 033.
4 THE DEPUTY SUPERINTENDENT OF POLICE
ATTINGAL, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM-695 101
5 THE CIRCLE INSPECTOR OF POLICE,
VENJARAMMOODU POLICE STATION, VENJARAMMOODU,
THIRUVANANTHAPURAM-695 606
6 THE CIRCLE INSPECTOR OF POLICE,
CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU,
THIRUVANANTHAPURAM-695 101
7 RAGINI OMANA,
D/O VAMADEVAN, PUTHUPURACKAL VEEDU, VALIYAKADA,
WP(C) NO. 5826 OF 2022 2
CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 101
8 VIVEKANANDAN,
S/O VAMADEVAN, KIZHAKKEVILA, KODUMON, ATTINGAL,
THIRUVANANTHAPURAM-695 101
9 SURESH,
S/O VAMADEVAN, R.R.HOUSE, THINAVILA, KEEZHATTINGAL,
THIRUVANANTHAPURAM-695 101
10 SATHEESH,
S/O VAMADEVAN, PUTHUPURACKAL VEEDU, VALIYAKADA,
CHIRAYANKEEZHU, THIRUVANANTHAPURAM -695 101
OTHER PRESENT:
SRI. T.K SHAJAHAN-SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5826 OF 2022 3
JUDGMENT
This writ petition is filed seeking the following reliefs:-
(i) issue a writ of mandamus or any other appropriate writ order of direction directing the respondents 2 to 6 to afford adequate and meaningful protection to the life and property of the petitioner and his family members from the illegal activities of respondents 7 to 10 and their men;
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. Though notice was taken out to respondents 7 to 10,
there is no appearance for the said respondents.
4. The contention of the petitioner is that the respondents
7 to 10 who are the siblings of the petitioner are creating threat to
the life of the petitioner and his peaceful existence. An interim
order was passed on 22.02.2022 and it is submitted by the
learned Government Pleader that there is no law and order
situation prevalent at present.
In the above view of the matter, there will be a direction, in
case the petitioner apprehends any threat from respondents 7 to
10 or faces any attack or assault from the respondents, the
petitioner shall inform the 6th respondent, who shall provide
protection to the life of the petitioner. It is made clear that the
protection for life granted by this Court will have no bearing on
civil disputes, if any, between the parties.
Sd/-
ANU SIVARAMAN JUDGE ska
APPENDIX OF WP(C) 5826/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 13.2.2022 OF TALUK HOSPITAL, CHIRAYINKEEZHU ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 15.2.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ITS POSTAL RECEIPT
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 15.2.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS POSTAL RECEIPT
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 15.2.2022 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 16.2.2022 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT
Exhibit P6 TRUE COPY OF THE MARRIAGE INVITATION CARD OF PETITIONERS SON BIJOY BABU
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16.2.2022 ISSUED BY THE 4TH RESPONDENT
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