Dr.R.Sunil Kumar vs State Of Kerala
2023 Latest Caselaw 12901 Ker

Kerala High Court

Dr.R.Sunil Kumar vs State Of Kerala on 8 December, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                        WP(C) NO. 25276 OF 2020
PETITIONER/S:

          DR.R.SUNIL KUMAR
          AGED 54 YEARS
          S/O B RAVEENDRAN PILLAI, PANCHAVADI, MAROOR, MALLASSERY
          P O, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689646.
          BY ADVS.
          JACOB P.ALEX
          SRI.JOSEPH P.ALEX
          SHRI.MANU SANKAR P.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
    2     DISTRICT POLICE CHIEF
          PATHANAMTHITTA, MAKKAMKUNNU, PATHANAMTHITTA, PIN-
          689645.
    3     CIRCLE INSPECTOR OF POLICE
          PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT,
          PIN-689672.
    4     SATHEESH A G
          ACKLATHU HOUSE, PRAMADOM, MALLASSERY P O,
          PATHANAMTHITTA, PIN-689646.
    5     RAJESH A G
          ACKLATHU HOUSE, PRAMADOM, MALLASSERY P O,
          PATHANAMTHITTA, PIN-689646.
          BY ADV SRI.AJEESH K.SASI


OTHER PRESENT:

          GP SREEJITH V.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 25276/2020
                                   -2-


                           JUDGMENT

(Dated this the 8th day of December 2023)

This writ petition is filed for the following reliefs:

"i) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction, respondents 2 & 3 to render adequate and effective protection to the life of the petitioner and his family members and ensure their safety;

ii) Direct the respondent 2 & 3 to take all possible measures to avert the threat made in Exhibit P1 and to take stern action against respondent 4 & 5 and their associates;

iii) Issue a writ of Mandamus or any other appropriate Writ, Order or direction 2nd respondent to take appropriate action in accordance with law on Exhibit P4;

iv). Issue such other writ, order or direction that is deemed fit to be passed in the facts and circumstance of this case"

2. On 19.11.2020, an interim order was passed by this

Court directing the 3rd respondent to ensure that effective

protection is granted to the petitioner and his family members

and ensure that no harm is caused to them by the party

respondents.

3. Though notice was served on 4th respondent, service

is not complete.

Since three years have elapsed after the filing of the writ

petition, making the interim order dated 19.11.2020 absolute,

the writ petition is disposed of.

Sd/-

BASANT BALAJI JUDGE

JS

APPENDIX OF WP(C) 25276/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 18/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P2 TRUE TRANSCRIPT OF THE VOICE MESSAGE REFERRED TO IN EXHIBIT P1.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28/10/020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE E-mail SEND BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE FIR BEARING NO.3461 OF 2020 DATED 28/10/2020 OF PATHANAMTHITTA POLICE STATION.

EXHIBIT P6 TRUE COPY OF THE NEWS REPORT IN MANGALAM DAILY ON 12.11.2020.