Paul P.D vs The State Of Kerala
2022 Latest Caselaw 6609 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                    WP(C) NO.15488 OF 2022
PETITIONER :-

          PAUL P.D., AGED 56 YEARS
          S/O.DEVASY, PYNADATH NADUVILE VEETIL,
          KARUKUTTY P.O., PIN : 683 576.

          BY ADVS.
          K.S.BHARATHAN
          AADITHYAN S.MANNALI
          ALPHIN ANTONY
          VISAKH ANTONY
          CHRISTINE MATHEW
          RANCE R.
          C.J.LIZY


RESPONDENTS :-

    1    THE STATE OF KERALA
         REPRESENTED BY ITS CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695 001.

    2    THE DISTRICT POLICE CHIEF, ERNAKULAM DISTRICT
         4924 +4VC, SH16, OPP TO POWER HOUSE,
         ALUVA, KERALA, PIN - 683 101.

    3    THE STATION HOUSE OFFICER
         CIRCLE INSPECTOR OF POLICE, ANGAMALY,
         POLICE STATION, OPP. KSRTC BUS STAND,
         ANGAMALY, PIN : 682 573.

    4    SUB INSPECTOR OF POLICE,
         ANGAMALY, POLICE STATION, OPP. KSRTC BUS STAND
         ANGAMALY, PIN : 682 573.

    5    SRI.CHARLEY JOSEPH,
         S/O.JOSEPH, AGE NOT KNOWN TO THE PETITIONER
         CHITINAPPILY HOUSE, ELAVOOR KAVALA BHAGAM,
         KARUKUTTY P.O, PIN : 683 576.

    6    JOSEPH CHARLEY
         S/O.CHARLEY JOSEPH, AGE NOT KNOWN TO THE PETITIONER,
 WP(C) NO.15488 OF 2022

                                  -: 2 :-

           CHITINAPPILLY HOUSE, ELAVOOR KAVALA BHAGAM,
           KARUKUTTY P.O, PIN - 683 576

     7     FRANCIS CHARLEY
           S/O.CHARLEY JOSEPH, AGE NOT KNOWN TO THE PETITIONER,
           CHITINAPPILLY HOUSE, ELAVOOR KAVALA BHAGAM,
           KARUKUTTY P.O, PIN - 683 576

     8     NICY CHARLEY
           W/O.CHARLEY JOSEPH, AGE NOT KNOWN TO THE PETITIONER,
           CHITINAPPILLY HOUSE, ELAVOOR KAVALA BHAGAM,
           KARUKUTTY P.O, PIN - 683 576

           BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.15488 OF 2022

                                 -: 3 :-


                               JUDGMENT

Dated this the 9th day of June, 2022

This writ petition is filed seeking the following reliefs :-

"(I) Issue a writ of mandamus or other appropriate writ, order or direction directing Respondents 2, 3 and 4 to afford adequate and effective police protection to petitioner, his family and to his property from the threats of the respondents 5 to 8, or anybody acting under him.

(II) Issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents 2, 3 and 4 to act on Ext.P4, P5, P8 and P9 complaint filed by the petitioner, and also to initiate criminal proceedings against the respondents 5 to 8."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. Though notice was taken out to

respondents 5 to 8, there is no appearance for the said

respondents.

3. The learned Government Pleader submits that after

the issuance of the interim order dated 6.5.2022, there is no

law and order issue reported.

In the above view of the matter, this writ petition is

closed making it clear that in case there is any obstruction to WP(C) NO.15488 OF 2022

the life of the petitioner from respondents 5 to 8 or anybody

claiming through them, the petitioner may inform the Station

House Officer, who shall afford adequate protection to the life

of the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/9.6.2022 WP(C) NO.15488 OF 2022

APPENDIX OF WP(C) 15488/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT HEREIN DATED 20-10-2021

Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 03- 11-2021

Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3R0 RESPONDENT HEREIN DATED 5- 11-2021

Exhibit P4 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER ON 9-12-2021

Exhibit P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT DATED 26-03-

Exhibit P6 TRUE COPY OF THE PHOTOGRAPHS.

Exhibit P7 TRUE COPY OF THE PORTION OF THE NEWSPAPER REPORT DATED 30-03-2022.

Exhibit P8 TRUE COPY OF THE COMPLAINT AND ITS RECEIPT DATED 30-03-2022 FILED BY THE PETITIONER.

Exhibit P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE SUPERINTEND OF POLICE ALUVA DATED 02-04-2022