Shibu.S vs The District Police Chief
2023 Latest Caselaw 8635 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 25747 OF 2023
  CRIME NO.55/2023 OF POOKOTTUMPADAM POLICE STATION, Malappuram
PETITIONER:

          SHIBU.S
          AGED 47 YEARS
          S/O. SUNDARAN, PATHAYAPPARA HOUSE, MAMBOYIL SOUTH,
          AMARAMBALAM P.O, MALAPPURAM DISTRICT, PIN - 679332
          BY ADVS.
          BIJU BALAKRISHNAN
          V.S.RAKHEE
          K.J.GISHA
          AJMAL P.
          YRISHIKA R.


RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          MALAPPURAM, PIN - 676505
    2     THE STATION HOUSE OFFICER
          POOKOTTUMPADAM POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 679332
    3     MR. SUBRAMANIAN
          PULIYENGAL HOUSE, PATHAYAPPARA, AMARAMBALAM P.O,
          MALAPPURAM DISTRICT, PIN - 679332
    4     SUBHAMOL
          W/O. SUBRAMANIAN, PULIYENGAL HOUSE, PATHAYAPPARA,
          AMARAMBALAM P.O, MALAPPURAM DISTRICT, PIN - 679332
    5     GRACY
          CHEERAMVELIL HOUSE, PATHAYAPPARA, AMARAMBALAM P.O,
          MALAPPURAM, PIN - 679332
          BY ADV.SMT.VIDYA KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.25747 OF 2023


                              2




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
           W.P.(C) No.25747 of 2023
   ----------------------------------------------
   Dated this the 09th day of August, 2023


                     JUDGMENT

The above writ petition is filed with the

following prayers:

"I. Issue a Writ of mandamus or any other appropriate Writ, order or direction commanding the respondents 1 and 2 to render adequate and sufficient Police Protection to the life and property of the petitioner and his family members against the threat and harassment of respondents 3 to 5 and their associates.

II. Issue a Writ of mandamus or any other appropriate Writ, order or direction commanding the 2nd respondent to consider and take action on Ext.P3, within a time limit fixed by this Hon'ble Court.

WP(C) NO.25747 OF 2023

III. Issue such other order or direction, as this Hon'ble Court may deem fit and proper, including awarding of cost of the proceedings.

IV. It is most humbly prayed that this Hon'ble Court may be pleased to dispense the English translation of vernacular documents."[SIC]

2. The main grievance of the petitioner is

that there is threat to the life of the petitioner

from respondents 3 to 5. Hence this writ petition

is filed.

3. Heard the learned counsel appearing

for the petitioner and the learned Government

Pleader. No notice is necessary to the

respondents 3 to 5 at this stage and if they are

aggrieved by any of the directions issued by this

Court, they are free to file a Review Petition

before this Court.

WP(C) NO.25747 OF 2023

4. The main grievance of the petitioner is

that there is threat to the life of the petitioner.

The Government Pleader submitted that, even as

per the averments in the writ petition, a case is

already registered against respondents 3 to 5 as

evident by Ext.P1. If that be the case, if there is

further threat from respondents 3 to 5 to the life

of the petitioner, the petitioner is free to approach

the 2nd respondent and the 2nd respondent will do

the needful in accordance with law.

Therefore, this writ petition is disposed of

with the following directions:

i. If there is any threat to the life of

the petitioner from respondents 3 to 5, the

petitioner is free to file a complaint before the

2nd respondent and on receipt of such a

complaint, the 2nd respondent will do the WP(C) NO.25747 OF 2023

needful to see that there is no threat to the

life of the petitioner from respondents 3 to 5.

ii. All other contentions raised by the

petitioner and respondents 3 to 5 are left

open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.25747 OF 2023

APPENDIX OF WP(C) 25747/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE F.I.R IN CRIME NO.55/2023 OF POOKOTTUMPADAM POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY DT.01-02-2023 ISSUED TO THE PETITIONER BY THE NIMS HOSPITAL, WANDOOR, MALAPPURAM. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DT.20-

07-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT DT.25-07-2023.

RESPONDENTS EXHIBITS       :NIL
                 //TRUE COPY//    PA TO JUDGE