Kerala High Court
Sidharthan C.B vs The State Police Chief on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO.22591 OF 2021
PETITIONERS :-
1 SIDHARTHAN C.B., AGED 70 YEARS
S/O.KRISHNAN, CHAKKATHARA HOUSE, KADUMENI.P.O,
CHITTARIKAL, KASARAGOD DISTRICT, PIN-670 511.
2 MARYKUTTY, AGED 65 YEARS
W/O.SIDHARTHAN, CHAKKATHARA HOUSE, KADUMENI.P.O,
CHITTARIKAL, KASARAGOD DISTRICT, PIN-670 511.
BY ADV DENIZEN KOMATH
RESPONDENTS :-
1 THE STATE POLICE CHIEF
KERALA POLICE, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT POLICE CHIEF,
KASARAGOD DISTRICT, KERALA, PIN CODE-671 123.
3 MANO.V.NAIR,
SHO, CHITTARIKKAL POLICE STATION, CHITTARIKKAL.P.O,
PIN-671 326.
4 JOHNSON KUNNEL,
S/O.KEEDARATHIL HOUSE, KADUMENI.P.O, CHITTARIKAL,
KASARAGOD, PIN-670 511.
5 BEENA JOHNSON,
W/O.JOHNSON, KEEDARATHIL HOUSE, KADUMENI.P.O,
CHITTARIKAL, KASARAGOD, PIN-670 511.
6 THANKACHAN,
KANJIRATHINKAL ALIAS BHAI, KANJIRATHINKKAL HOUSE,
KADUMENI.P.O, CHITTARIKAL, KASARAGOD, PIN-670 511.
7 POTHERA RAGHAVAN,
POTHERA HOUSE, KADUMENI.P.O, CHITTARIKAL,
KASARAGOD, PIN-670 511.
8 ISSAHAC,
S/O.SAFIA, ANJILLATHU HOUSE, PAVAL, KADUMENI.P.O,
WP(C) NO.22591 OF 2021
-: 2 :-
CHITTARIKAL, KASARAGOD, PIN-670 511.
9 GEORGEKUTTY,
S/O.JOSEKUTTY, KUNNEL HOUSE, NIRATHUMTHATT,
KANNIVAYAL.P.O, KASARAGOD, PIN-670 511.
10 BINU,
S/O.RAGHAVAN, CHANDALATH HOUSE, KADUMENI.P.O,
CHITTARIKAL, KASARAGOD, PIN-670 511.
11 OMANA KUNJIRAMAN,
KOTTTAKUNNU, KADUMENI.P.O, CHITTARIKAL, KASARAGOD,
PIN-670 511.
BY ADV A.ARUNKUMAR
BY SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.22591 OF 2021
-: 3 :-
JUDGMENT
Dated this the 20th day of May, 2022
This writ petition is filed seeking the following reliefs :-
"1) Call for the entire records pertaining to the facts pleaded
in this writ petition (civil).
2) Issue a Writ of Mandamus, any other Order, writ or
direction, directing the 2nd respondent to provide
adequate and appropriate police aid and protection to the
life and limb of the petitioners, and to ensure them a
decent living free from any sort of threats or inducements
or intimidation from the respondents 4 to 11.
3) Issue a writ of mandamus, any other writ, order or
direction, directing the respondents 1 and 2 herein to
conduct and enquiry into the issues that took place on
2.10.2021, 5.10.2021 and on 8.10.2021 whereby these
petitioners were attacked, intimidated and forcefully
grabbed off their piece of land by the respondents 4 to 11
herein, and to take appropriate measures to bring the
wrong-doers under the limelight of law.."
2. Heard the learned counsel for the petitioners and the
learned Government Pleader as well as the learned counsel
appearing for the contesting party respondents.
3. It is submitted by the learned counsel for the
petitioners that the petitioners are senior citizens and that
respondents 4 to 11 are criminally trespassing into their
properties and threatening them with physical harm.
WP(C) NO.22591 OF 2021
4. A detailed counter affidavit has been placed on record
by the 5th respondent on behalf of respondents 4 to 9,
contending that there are civil cases with regard to the pathway
to the 5th respondent's mother's property and that there are
criminal cases registered against the petitioners as well. It is
contended that the petitioners' attempt is to take advantage of
the order of police protection in the pending civil cases.
5. This Court, by order dated 15.3.2022, had directed
that in case the petitioners face any threat to their life, the
petitioners shall inform the Station House Officer, who shall
afford necessary protection to the life of the petitioners from the
party respondents, but, that the order of police protection shall
not be used to carry out any activity detrimental to the interest
of the respondents in the pending civil suits.
6. Having heard the learned counsel on all sides, I am of
the opinion that an order of police protection in a case of this
nature can be issued only with regard to the life of the
petitioners. All other matters with regard to the property and
access to the same are to be decided in the pending civil
disputes.
WP(C) NO.22591 OF 2021
In the above view of the matter, this writ petition is
disposed of directing that in case the petitioners face any threat
to their life from respondents 4 to 11 or anybody claiming
through them, the petitioners shall approach the Station House
Officer, who shall afford adequate protection to the life of the
petitioners. However, all other matters with regard to the
properties are left open to be decided in the appropriate civil
proceedings.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/21.5.2022
WP(C) NO.22591 OF 2021
APPENDIX OF WP(C) 22591/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF CERTIFICATE ISSUED FROM
PARIYARAM MEDICAL COLLEGE HOSPITAL DATED
24.01.2011.
Exhibit P2 TRUE PHOTOCOPY OF THE CORONARY ANGIOGRAM REPORT
ISSUED BY SAHAKARANA HRIDAYALAYA DEPARTMENT OF
CARDIOLOGY, PARIYARAM MEDICAL COLLEGE DATED
31.05.2012.
Exhibit P3 TRUE PHOTOCOPY OF THE ROUGH SKETCH OF THE
PROPERTIES OF PETITIONER'S AND THEIR COUNTER
PETITIONERS'.
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER OF EX-PARTE
INJUNCTION IN IA.NO.2/21 IN O.S.NO.123/21 DATED
18.06.2021.
Exhibit P5 TRUE PHOTOCOPY OF THE CALL DETAILS OF THE 1ST
PETITIONER TO PROVE THE CALL DETAILS MADE TO
1ST RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY
THE PETIITONER BEFORE THE 2ND RESPONDENT DATED
05.10.2021.
Exhibit P6(a) TRUE PHOTOCOPY OF RECEIPT OF SERVING EXHIBIT-
P6.
Exhibit P7 TRUE PHOTOCOPY OF A FEW PHOTOGRAPHS TAKEN BY
THE PETITIONERS OF THE ACTIVITIES OF COVERING
THE CONCRETE USING POLYTHENE SHEET.
Exhibit P8 TRUE PHOTOCOPY OFTHE NOTICE U/S 41(A) CRPC
DATED 31.08.2021.
Exhibit P9 TRUE PHOTOCOPY OF THE NOTICE U/S 41(A) CRPC
DATED 10.10.2021.
