Rajan C.Samuel vs Sri.Sunil G
2022 Latest Caselaw 8625 Ker

Cont.case(c)195 OF 2021          1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                  CON.CASE(C) NO. 195 OF 2021
AGAINST THE ORDER DATED 11.01.2021 IN I.A.NO.1 OF 2021 IN
        WP(C)NO.541 OF 2021 OF HIGH COURT OF KERALA
PETITIONERS:

    1       RAJAN C.SAMUEL
            AGED 73 YEARS
            S/O SAMUEL,
            CHARIVUPURAYIDATHIL, ELANTHOOR P O, ELANTHOOR
            VILLAGE, PATHANAMTHITTA DISTRICT-689643.
    2       MRS MARY RAJAN
            AGED 72 YEARS
            W/O RAJAN C, SAMUEL,
            CHARIVUPURAYIDATHIL, ELANTHOOR . P O,
            ELANTHOOR VILLAGE,
            PATHANAMTHITTA DISTRICT-689643.
            BY ADVS.
            LIJU.V.STEPHEN
            SMT.INDU SUSAN JACOB


RESPONDENT:

            SRI.SUNIL G.
            (AGE AND FATHERS NAME NOT KNOWN TO THE
            PETITIONERS),
            STATION HOUSE OFFICER, PATHANAMTHITTA-689645.

            SRI JACOB E .SIMON- GOVERNMENT PLEADER


THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION    ON   06.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Cont.case(c)195 OF 2021          2

                          JUDGMENT

The petitioners have filed this contempt case alleging

willful disobedience of the directions contained in Annexure A1

order of this Court dated 11.01.2021 in I.A.No.1 of 2021 in

W.P.(C)No.541 of 2021, whereby the respondent herein and two

others, who are respondents 1 to 3 in that writ petition, were

directed to render adequate police protection to the life and

property of the petitioners from respondents 4 to 7 therein and

their men.

2. On 25.01.2021, when this contempt case came up

for admission, the respondent was directed to file an affidavit,

explaining the facts and circumstances. Various orders have

also been passed in this contempt case.

3. The respondent has filed an affidavit dated

28.01.2022, producing therewith Exts.R(1)a to R(1)f. The

petitioners filed a reply affidavit dated 29.01.2021 to the

affidavit of the respondent, producing therewith Annexures A5

to A8. It was followed by I.A.No.1 of 2021 filed by the

petitioners, seeking an order to accept Annexures A5 to A7 as

additional documents. The respondent has also filed an

additional affidavit dated 04.10.2021, producing therewith

Annexure I additional document. The petitioners have filed a

reply affidavit dated 24.06.2022, to the additional counter

affidavit filed by the respondent.

4. Heard the learned counsel for the petitioners and

also the learned Government Pleader for the respondent.

5. During the course of arguments, it is brought to the

notice of this Court by the learned counsel on both sides that,

W.P.(C)No.541 of 2021 has already been allowed by the

judgment dated 29.10.2021, whereby the respondent herein

has been directed to ensure that the lives of the petitioners are

adequately and effectively protected from any threat,

intimidation or violence from any source, including respondents

4 to 7 therein.

6. The learned counsel for the petitioners would submit

that, at present, there is no law and order issues and the

grievance of the petitioners now stands redressed by the

judgment of this Court dated 29.10.2021.

Having considered the submissions made by the learned

counsel on both sides, this Court finds no reason to proceed

further with this contempt case and accordingly, this contempt

case is closed.

Sd/-

                                       ANIL K. NARENDRAN
                                            JUDGE

yd
 Cont.case(c)195 OF 2021       4




                          APPENDIX
PETITIONER'S ANNEXURES:

ANNEXURE-A1       A TRUE COPY OF THE INTERIM ORDER DATED

11.1.2021 IN IA NO.1/2021 IN WPC NO, 541/2021 OF THE HON'BLE HIGH COURT OF KERALA.

ANNEXURE-A2 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA BY THE 1ST PETITIONER DATED 13.01.2021.

ANNEXURE-A3 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA BY THE 1ST PETITIONER DATED 18/01/2020.

ANNEXURE-A4 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED FROM THE DISTRICT POLICE CHIEF, PATHANAMTHITTA DATED 15.1.2021. ANNEXURE-A5 A TRUE PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE DESTROYED GATE INSTALLED IN FRONT OF THE PETITIONER'S RESIDENTIAL HOUSE.

ANNEXURE-A6 A TRUE COPY OF THE COMPLAINT SUBMITTED B Y THE 1ST PETITIONER BEFORE THE DISTTRICT POLICE CHIEF, PATHANAMTHITTA DATED 08.01.2021 THROUGH EMAIL.

ANNEXURE-A7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DATED 28.01.2021.

ANNEXURE-A8 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE STATION HOSUE OFFICER, PATHANAMTHITTA DATED 28.01.2021.

RESPONDENT'S EXHIBITS:

EXHIBIT R(1)A THE TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY THE WARD MEMBER.

EXHIBIT R(1)B THE TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY SRI.SHIBU THOMAS.

EXHIBIT R(1)C THE TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY SMT.ELIZABETH SAJI.

EXHIBIT R(1)D THE TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY SRI.C.A. CHERIAN.

EXHIBIT R(1)E THE STATEMENT OF THE PRIEST.

 Cont.case(c)195 OF 2021      5

EXHIBIT R(1)F     A MASS COMPLAINT RECEIVED FROM WARD 8
                  OF ELANTHOOR GRAMA PANCHAYATH
                  RECEIVED.

RESPONDENT'S ANNEXURE:

ANNEXURE I        TRUE COPY OF THE ADDITIONAL STATEMENT
                  OF SRI.JOSEPH K. GEORGE.



                                   TRUE COPY


                                 P.A. TO JUDGE