Kerala High Court
P.A.Lalan Tharakan vs State Of Kerala on 23 December, 2022
WP(C) No.42536/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
WP(C) NO. 42536 OF 2022 (R)
PETITIONERS:
1. P.A.LALAN THARAKAN, AGED 79 YEARS, S/O AVIRA THARAKAN, PARRAI HOUSE,
EZHUPUNNA, ALAPPUZHA DISTRICT. PIN - 688 537.
2. P.H. HORMIS THARAKAN, 60 YEARS, S/O P.A HORMIS THARAKAN, PARRAI
PUTHANVEETIL HOUSE, EZHUPUNNA, ALAPUZHA DISTRICT. PIN - 688 537.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3. THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
4. THE COMMISSIONER OF POLICE, OFFICE OF COMMISSIONER OF POLICE, CV
RAMAN PILLAI RD, THYCAUD, THIRUVANANTHAPURAM - 695 014.
5. THE DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, PALAYAM,
THIRUVANANTHAPURAM - 695 034.
6. REGISTRAR GENERAL, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 031.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 6th Respondent to bring to the notice of this
Hon'ble Court the reports filed by the State Government on the basis of
directions contained in Ext.P1 judgment, so as to afford an opportunity
for this Hon'ble Court to initiate suo motu action as directed in Ext.P1
judgment, pending disposal of the above Writ Petition (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.RENJITH THAMPAN (Senior Advocate) along with M/S.V.M.KRISHNAKUMAR &
MAYA M., Advocates for the petitioners and of SRI.K.P.HARISH, Senior
Government Pleader, the court passed the following: (P.T.O)
WP(C) No.42536/2022 2/4
S. Manikumar, C.J.
&
Shaji P. Chaly, J.
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W.P.(C)No.42536 of 2022-R
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Dated this the 23rd day of December, 2022
ORDER
S. Manikumar, C.J.
In this writ petition, the petitioners have sought for the
following reliefs:
"i. Issue a writ in the nature of mandamus commanding the 1 st
Respondent to appoint Nodal Officers in every districts of the
State of Kerala as mandated in Exhibit P1 judgment for being
answerable for the occurrence of violence under the guise of
peaceful protest;
ii. Issue a writ in the nature of mandamus directing the 3 rd
Respondent to ensure that reports of violence under the guise of
peaceful protest including damages, caused to the 1 st Respondent
as well as public and private properties and the cost incurred for
controlling the violence is submitted to the 1 st respondent, as
directed by the Exhibit P1 judgment, within such time as may be
fixed by this Hon'ble Court;
iii. Issue a writ in the nature of mandamus directing the 1 st
Respondent to prepare a report on the police reports and other
information that may be available to it and file a detailed report in
the High Court or Kerala as the case may be for affording the High
Court of Kerala as mandated in Ext.P1 judgment to take suo motu
WP(C) No.42536/2022 3/4
W.P.(C)No.42536 of 2022-R
action as mandated in Ext.P1 judgment within such time as may
be fixed by this Hon'ble Court;
iv. Issue a writ in the nature of mandamus commanding the 6 th
Respondent to bring to the notice of this Hon'ble Court the
reports filed by the State Government on the basis of directions
contained in Ext.P1 judgment, so as to afford an opportunity for
this Hon'ble Court to initiate suo moto action as directed in Ext.P1
judgment within such time as may be fixed by this Hon'ble Court.
v. Issue a writ in the nature of mandamus commanding the 1 st
Respondent to give wide publicity of the modalities to be
followed in order to ensure proper prevention of mob violence
under the guise of peaceful demonstration by the Hon'ble
Supreme Court in Exhibit P1 judgment and to ensure that such
directions are strictly followed throughout the State of Kerala."
2. Mr. K.P. Harish, learned Senior Government Pleader,
seeks time to get instructions.
Post in the third week of January 2023.
Sd/-
S. Manikumar
Chief Justice
Sd/-
Shaji P. Chaly
Judge
vpv
23-12-2022 /True Copy/ Assistant Registrar
WP(C) No.42536/2022 4/4
APPENDIX OF WP(C) 42536/2022
Exhibit P1 TRUE COPY OF THE DECISION REPORTED IN 2018 (10) SCC 713
(KODUNGALLUR FILM SOCIETY AND ANOTHER V. UNION OF INDIA
AND OTHERS).
23-12-2022 /True Copy/ Assistant Registrar
