Rakesh vs District Police Chief (Rural)
2022 Latest Caselaw 2680 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 27739 OF 2021
PETITIONERS:

    1     RAKESH
          AGED 40 YEARS
          KARTHIK NIVAS, VALIYAVILLA MULLUVILA P.O,
          ATHIYANNOOR VILLAGE ,THIRUVANANTHAPURAM.
    2     ATHIRA S.S
          W/O RAKESH, KARTHIK NIVAS, VALIYAVILA MULLUVILA P.O,
          ATHIYANNOR VILLAGE THIRUVANANTHAPURAM.
          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          LEO LUKOSE
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL
RESPONDENTS:

    1     DISTRICT POLICE CHIEF (RURAL)
          UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM.695 033, PIN - 695033
    2     DEPUTY SUPERINTENDENT OF POLICE
          NEYYATTINKARA POLICE STATION,
          NEYYATTINKARA KATTAKARA ROAD,ALUMMOODU,
          NEYYATINKARA, THIRUVANANTHAPURAM. 695 121.
    3     STATION HOUSE OFFICER,
          NEYYATINKARA POLICE STATION, NEYYATINKARA KATTAKARA
          ROAD, ALUMMOODU, NEYYATTINKARA,
          THIRUVANANTHAPURAM.695121.
    4     SHAJI,
          VALIYAVILA MULLUVILA P.O, ATHIYANNOOR VILLAGE,
          PUTHENVEETIL HOUSE , THIRUVANANTHAPURAM.695 006
          SRI.T.K.SHAJAHAN, SR.GP
          ADV.R.RAJASREE (CHUTTIMATTATHIL)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27739 OF 2021

                                        2


                                 JUDGMENT

Dated this the 11th day of March, 2022 This writ petition is filed seeking directions to respondents 1 to 3 to

afford adequate and effective police protection to the lives of the

petitioners and their family members from the interference and illegal

actions of the 4th respondent or anybody acting under him. The contention

of the petitioners is that the 4 th respondent has been incessantly harassing

the petitioners and threatening and abusing them. It is also stated that the

4th respondent had trespassed into the property of the petitioners and

threatened the 2nd petitioner and her children and abused them and also

threatened to murder the 1st petitioner. It is submitted that the petitioners

fear for their lives and that necessary police protection is liable to be

granted to them.

2. A counter affidavit has been placed on record by the 4 th respondent.

It is submitted that it is due to the fact that the 1 st petitioner and the wife

of the 4th respondent are engaged in an illicit relationship and as a part of

their attempt to save face that the complaint has been raised against the 4 th

respondent. It is submitted that the 4 th respondent never trespassed into

the house of the petitioners and that there is absolutely no threat of any WP(C) NO. 27739 OF 2021

sort from the 4th respondent to the life of the petitioners or their family

members. It is submitted that the petitioners have now engaged some

local rowdies to endanger the life of the 4th respondent.

3. The learned Government Pleader submits, on instructions, that a

crime had been registered against the 4 th respondent and that investigation

had been conducted into the matter. It is also submitted that it appears to

be a personal dispute between the 1 st petitioner and the 4th respondent and

that there is no law and order situation or any further threat from the 4th

respondent to the life of the petitioners or their family members.

4. The above submissions are recorded. In case of any threat or

obstruction from the 4th respondent, the petitioners shall inform the

Station House Officer who shall afford adequate protection to the life of

the petitioners and their family members. All other matters are left open to

be decided in appropriate proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27739 OF 2021

APPENDIX OF WP(C) 27739/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 02-10-2021 LODGED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P1A TRUE COPY OF THE RECEIPT DATED 02-10-2021 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 10-11-2021 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

Exhibit P2A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT FOR EXT P2 COMPLAINT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 16-11-2021 FILED BY THE 1ST PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, NEYYATTINKARA.

RESPONDENTS' EXHIBITS: NIL