Subin S B vs The District Police Chief (Rural)
2022 Latest Caselaw 10345 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 27495 OF 2022
PETITIONERS:

    1       SUBIN S B
            AGED 20 YEARS
            S/O. SUSEELAN, S.S. BHAVAN, NELLIKKALA, MYLACHAL,
            DLUMUGAM P.O., THIRUVANANTHAPURAM - 695 125.
    2       AISWARYA. S.S.,
            AGED 20 YEARS
            D/O.SANTHOSH. G. NAIR, SANKARA MANGALAM HOUSE,
            MADAPALLY, PERUMPANACITY P.O., CHANGANASSERY, KOTTAYAM
            DISTRICT, PIN - 686 101.
            BY ADV R.GOPAN


RESPONDENTS:

    1       THE DISTRICT POLICE CHIEF (RURAL)
            DISTRICT POLICE OFFICE, KOTTAYAM DISTRICT, PIN - 686
            001.
    2       CIRCLE INSPECTOR OF POLICE (S.H.O),
            THRIKKODITHANAM POLICE STATION, KOTTAYAM DISTRICT, PIN-
            686 105.
    3       STATION HOUSE OFFICER,
            ARIYANCODE POLICE STATION,ARYANTHCODE,
            THIRUVANANTHAPURAM (RURAL), PIN - 695 124.
    4       SANTHOSH G. NAIR,
            SANKARA MANGALAM HOUSE, MADAPALLY, PERUMPANACITY P.O.,
            CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686 101.
            BY SRI.T.K.SHAJAHAN-SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.27495 OF 2022

                                            2




                                  JUDGMENT

Dated this the 7th day of October, 2022

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of mandamus or order or direction directing the 2nd and 3rd respondents to not harass the petitioners.

ii) Issue a writ of mandamus or order directing the 2nd respondent to record the statement of the 2 nd petitioner and close the missing case registered against her.

iii) Issue an order permitting the 2 nd petitioner to appear before the Judicial First Class Magistrate Court-l, Neyyattinkara for recording her statement in the missing case registered against her.

iv)Issue a writ of mandamus or any other order or direction directing the 3 respondent to give adequate police protection to the petitioners from the 4 respondent and his henchmen."

2. Heard the learned counsel for the

petitioners and the learned Government Pleader.

Though notice was taken out to the 4 th respondent, W.P.(C)No.27495 OF 2022

there is no appearance for the said respondent.

3. Learned counsel for the petitioners

submits that a man missing case has been

registered by the 4th respondent with regard to the

2nd petitioner and that due to the threat of the 4 th

respondent and his henchmen, the petitioners are

unable to go to Changanassery for giving a

statement in the said case, which has already been

forwarded to the competent court.

4. Learned Government Pleader submits that

on the complaint submitted by the petitioners, the

4th respondent had been contacted and that the 4 th

respondent has submitted that there will be no

threat to the petitioners' lives. It is submitted that

a man missing complaint had been registered in

Changanassery and that the same has been

forwarded to the competent court.

Having considered the contentions W.P.(C)No.27495 OF 2022

advanced, I am of the opinion that in case of any

threat or apprehension thereof, it is for the 3 rd

respondent to see that appropriate protection is

granted to the petitioners to mark appearance

before the jurisdictional court for recording a

statement in the man missing case. The petitioners

shall approach the 3rd respondent, who shall afford

adequate protection to the petitioners for appearing

before the jurisdictional court at Changanassery for

giving their statement in the man missing case.

Sd/-

ANU SIVARAMAN JUDGE SSK/07/10 W.P.(C)No.27495 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS NEYYATTINKARA DATED 30.4.2007.

Exhibit P2 PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, VAZHGAPPALLY GRAMA PANCHAYATH DATED 22.8.2006.

Exhibit P3 PHOTOCOPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY AMPADY SREEKRISHNA SWAMY DEVASWOM, AYINKAMAM, PARASSALA, DATED 20.9.2022.

  SSK                             //TRUE COPY//            PA TO JUDGE