Rajamma Rajan vs State Of Kerala
2023 Latest Caselaw 9090 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                   WP(C) NO. 19641 OF 2023
PETITIONER/S:

          RAJAMMA RAJAN, AGED 69 YEARS
          W/O LATE RAJAN, PLATHEDATH HOUSE, AYAKKADU,
          THRIKKARIYUR POST, PULIMALA, THRIKKARIYUR
          VILLAGE, KOTHAMANGALAM TALUK., PIN - 696691
          BY ADVS.
          SARA JOHN
          P.M.RAFEEK
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001
    2     DISTRICT POLICE CHIEF
          DISTRICT POLICE OFFICE, ERNAKULAM DISTRICT,
          ERNAKULAM., PIN - 695001
    3     STATION HOUSE OFFICER
          KOTHAMANGALAM POLICE STATION, ERNAKULAM
          DISTRICT., PIN - 686691
    4     SINI
          W/O ANI, PALLIYAPPILLY HOUSE, THRIKKARIYOOR POST,
          THRIKKARIYOOR VILLAGE, AAYAKKAD, PULIMALA,
          KOTHAMANGALAM, PIN - 686691
          BY ADVS.
          PUBLIC PROSECUTOR
          Sreevalsakrishnan P K
          K.R.PRATHISH(K/174/2013)
OTHER PRESENT:
          SRI. RAJEEV JYOTHISH GEORGE, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 19641 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 19641 of 2023
                         =============================================================

                      Dated this the 23rd day of August, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"1. Issue a writ order or direction, directing the 2 nd and 3rd respondent to provide effective and adequate police protection to the life and property of the petitioner.

2. This Hon'ble Court may grant leave to the petitioner from filing the translation of the vernacular documents produced with the writ petition.

3. Issue appropriate order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." (sic)

2. When this writ petition came up for consideration on

16.06.2023 this Court passed the following order:

"Counsel for the petitioner submits that the petitioner has been assaulted even as recently as on 14.06.2023.

Government Pleader to get instructions.

Admit.

Government Pleader takes notice for respondents 1 to 3. Issue urgent notice by speed post to the 4th respondent.

W.P.(C). No. 19641 of 2023

Post on 10.07.2023, till which date, the 3 rd respondent shall give adequate protection to the life of the petitioner."

3. Today, when the matter came up for consideration, the

Government Pleader and the counsel appearing for the 4th respondent

submitted that the petitioner is actually the trouble maker and criminal

cases are pending against the petitioner. It is also submitted that a

mass petition is filed against the petitioner. I don't want to make any

observation about the same. The police is free to investigate the same

in accordance with law. But if there is a threat to the life of the

petitioner from any of the party respondents, the petitioner is free to

approach the 3rd respondent and the 3rd respondent will see that there is

no threat to the life of the petitioner.

Therefore, this writ petition is disposed of in the following

manner:

1. If there is any threat to the life of the petitioner from any of the party respondents, the petitioner is free to approach the 3 rd respondent with appropriate compliant and if such a complaint is received, the 3rd respondent will do the needful to see that there is no threat to the life of the petitioner.

W.P.(C). No. 19641 of 2023

2. But I make it clear that if any criminal case is registered against the petitioner or if any criminal offence is committed by the petitioner, the police is free to proceed in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 19641 of 2023

APPENDIX OF WP(C) 19641/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.

6177/2011 OF KOTHAMANGALAM S.R.O DATED 13/10/2011.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 24/05/2023 ISSUED BY THE VILLAGE OFFICER.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 25/10/2022 LODGED BY THE PETITIONER BEFORE 2ND AND 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 20/05/2023 LODGED BY THE PETITIONER BEFORE 2ND AND 3RD RESPONDENT RESPONDENT EXHIBITS Exhibit R4(a) True copy of the mass petition filed by all the residents before C.I of police, Thrikkariyoor on 18.06.2023 Exhibit R4(b) True copy of the report of the 3rd respondent dated 24-06-2023 Exhibit R4(c) True copy of the FIR lodged by the police officer, Kothamangalam dated 14.6.2023 on the basis of the complaint filed by me