Thokkan Muhammed Rafeeq vs The Station House Officer, ...
2023 Latest Caselaw 8842 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                      WP(C) NO. 5029 OF 2022
PETITIONER:
           THOKKAN MUHAMMED RAFEEQ
           AGED 52 YEARS
           S/O ABDULLA HAJI, THOKKAN HOUSE, VELLAMUNDA, VELLAMUNDA
           P O, WAYANAD-670731.
          BY ADVS.
          KRISHNA PRASAD. S
          SINDHU S KAMATH
          ROHINI NAIR
          SURAJ KUMAR D.

RESPONDENTS:
     1     THE STATION HOUSE OFFICER, VELLAMUNDA PS
           VELLAMUNDA POLICE STATION, WAYANAD-670731.
     2     THE DISTRICT POLICE CHIEF
           OFFICE OF DISTRICT POLICE CHIEF, WAYANAD, PIN-673122.
     3     ABDUL AZAR.
           S/O VALPARAMBIL MUHAMMED, VALPARAMBIL VEEDU,
           PERINGOTTUKARA P O, THANNIYAM VILLAGE, THRISSUR TALUK,
           THRISSUR DISTRICT-680565.
     4     MOIDEEN KOYA P V @ KOYA MON.
           SON OF ABUBAKAR HAJI, SHABINA MANSIL, THAZHEKUZHAPURATH
           PARAMBU, KACHERIKUNNU CHALIL, MANKAVU POST, KOZHIKODE-
           673007.
           BY ADVS.
           BABU KARUKAPADATH
           M.A.VAHEEDA BABU
           P.U.VINOD KUMAR
           ARYA RAGHUNATH
           VAISAKHI V.
           T.M.MUHAMMED MUSTHAQ
           KARUKAPADATH WAZIM BABU
           AJWIN P LALSON
           P.LAKSHMI
           AISWARYA ANN JACOB


OTHER PRESENT:
           SRI. RAJEEV JYOTHISH GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.5029 of 2022


                                    2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.5029 of 2022
           ---------------------------
            Dated this the 14th day of August, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i). to issue a writ of mandamus or any other writ, direction or order directing the respondents 1 and 2 provide sufficient and adequate police protection to the life and properties of the petitioner and his family members without any threat or hindrance from the respondents 3 and 4 and their henchmen.

ii) to issue a writ of mandamus or any other writ, direction or order directing the 1st and 2nd respondent to take immediate actions against the 3rd and 4th respondents and their henchmen;

iii) To issue such other reliefs as this Honourable Court may deem fit in the circumstances of this case." (SIC)

2. The main prayer in this writ petition is to issue a

direction to respondent Nos.1 and 2 to provide sufficient

and adequate police protection to the life and properties of

the petitioner and his family members without hindrance

from respondent Nos.3 and 4.

3. When this writ petition came up for consideration

on 15.02.2022, this Court passed the following order:- W.P (C) No.5029 of 2022

"Admit.

Learned Government Pleader takes notice for respondents 1 and 2. Petitioner to take out notice to respondents 3 and 4 by speed post or by e-mail.

Post on 22-02-2022.

In the meanwhile, the 1st respondent shall provide adequate protection to the lives of the petitioner and his family members."

4. Today, when this matter came up for

consideration, the learned counsel for the petitioner

submitted that no counter affidavit is filed in this case and

the interim order may be made absolute. The counsel

appearing for the 3rd respondent submitted that the 3 rd

respondent is in Saudi Arabia and that is why the counter is

not filed and also submitted that there is no threat to the

life of the petitioner from their side. The counsel submitted

that there is some business disputes between the petitioner

and respondent Nos.3 and 4. If that is the case, the

submission of the respondent Nos.3 and 4 can be recorded.

As far as the business dispute is concerned, the respondent

Nos. 3 and 4 are free to proceed in accordance with law.

But, if there is any threat to the life of the petitioner and his W.P (C) No.5029 of 2022

family members from respondent nos.3 and 4, the 1 st

respondent will do the needful to protect the life of the

petitioner from respondent nos.3 and 4.

5. Therefore, the writ petition is disposed of with the

following directions:-

1) The order dated 15.02.2022 is made absolute.

2) If there is any threat to the life of the petitioner and his family members in future from respondent Nos.3 and 4, the 1 st respondent will do the needful to see that there is no threat to the life of the petitioner and his family members from respondent nos.3 and 4.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.5029 of 2022

APPENDIX OF WP(C) 5029/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RESPONDENT THROUGH MAIL DATED 05.11.2021.

Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 18.11.2021.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 18.11.2021 ISSUED FROM THE VELLAMUNDA POLICE STATION.

Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 05.02.2022.

Exhibit P5 A TRUE COPY OF THE COMPLAINT RECEIPT RECEIVED FROM THE VELLAMUNDA P S DATED 05.02.2022.