Mathai Abraham vs The District Police Chief
2022 Latest Caselaw 6267 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 7438 OF 2022
PETITIONERS:

     1      MATHAI ABRAHAM
            AGED 76 YEARS
            S/O LATE ABRAHAM, RESIDING AT THEKKETHIL ADIMARIYIL
            HOUSE, KIDANGANNOOR P O, KOZHENCHERRY, PATHANAMTHITTA
            DISTRICT, PIN-689514.

     2      BABY
            AGED 65 YEARS
            W/O MATHAI ABRAHAM, RESIDING AT THEKKETHIL ADIMARIYIL
            HOUSE, KIDANGANNOOR P O, KOZHENCHERRY, PATHANAMTHITTA
            DISTRICT, PIN-689514.

            BY ADV M.V.S.NAMPOOTHIRY



RESPONDENTS:

     1      THE DISTRICT POLICE CHIEF
            OFFICE OF THE DISTRICT POLICE CHIEF,
            PATHANAMTHITTA-689645.

     2      THE STATION HOUSE OFFICER
            ARANMULA POLICE STATION, ARANMULA-689533.

     3      SRI.SALIM NARAYANAN (SALIM C.N)
            AGED 54 YEARS
            S/O NARAYANAN, MANAGING DIRECTOR, C.N.S CONSTRUCTIONS,
            ELIPPAKULAM P O, PALLICKAL, ALAPPUZHA DISTRICT,
            PIN-690403.

     4      SRI.PRINCE C.S.
            AGED 24 YEARS
            S/O SALIM NARAYANAN, RESIDING AT CHANGETH HOUSE,
            ELIPPAKULAM P O, PALLICKAL, ALAPPUZHA DISTRICT,
 WP(C) NO. 7438 OF 2022              2




             PIN-690403.

             BY ADVS.
             J.OM PRAKASH
             S.PRAHALADAN



OTHER PRESENT:

             T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7438 OF 2022                       3




                                   JUDGMENT

This writ petition is filed seeking the following reliefs: -

i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to take effective legal steps to prevent the threat and intimidation from the respondents 3 and 4 and their henchmen;

(ii) To Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to grant effective and adequate protection to the life of the petitioners.

2. Though notice was taken up the respondents and was

duly served, no counter affidavit is on record.

3. I notice that the prayer made is only to respondents 1

and 2 to take effective steps to prevent threat and intimidation

from respondents 3 and 4 and their henchmen.

In the above view of the matter, there will be a direction

that in case, the petitioners face any threat and intimidation from

respondents 3 and 4 or anybody claiming through them, the

petitioners may inform the Station House Officer, who shall afford

adequate protection to the life of the petitioners and their family

members. However, this will be without prejudice to contentions

in any civil disputes, pending between the parties.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 7438/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 19.07.2019 ISSUED TO THE 1ST PETITIONER FROM ASTER MEDCITY HOSPITAL, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 23.02.2020 ENTERED INTO BY THE PETITIONER'S SON MR.JIBI WITH THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LEGAL NOTICE DATED 29.01.2022 SENT BY THE PETITIONER'S SON MR.JUBI TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 02.02.2022 FILED BY THE PETITIONER'S SON MR.JUBI BEFORE THE STATE CONSUMER DISPUTE REDRESSAL COMMISSION AS C C NO.3/2022.

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 02.03.2022 FILED BY THE PETITIONERS HAVE FILED A COMPLAINT TO THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 01.02.2022 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.