Mohammed Afsal Valiyapediyekkal vs State Of Kerala
2023 Latest Caselaw 1805 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                     WP(C) NO. 1167 OF 2023
PETITIONER:

         MOHAMMED AFSAL VALIYAPEDIYEKKAL
         AGED 37 YEARS
         S/O KUNHIMOHAMMED VALIYAPEDIYEKKAL,
         VALIYAPEDIYEKKAL HOUSE, KARIPARAMBU,
         PANTHARANGADI P.O., MALAPPURAM DT, PIN - 676306

         BY ADVS.
         P.M.MANOJ
         P.ANTO THOMAS
         HAMZATH ALI V.K.


RESPONDENTS:

    1    STATE OF KERALA
         REP. BY THE SECRETARY TO THE GOVERNMENT,
         HOME DEPARTMENT, GOVT. SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE DISTRICT POLICE CHIEF - MALAPPURAM
         DISTRICT POLICE OFFICE, UP HILL,
         MALAPPURAM, KERALA, PIN - 676505
    3    THE STATION HOUSE OFFICER
         TIRURANGADI POLICE STATION,
         MALAPPURAM, KERALA, PIN - 676306
    4    RAHOOF
         S/O YUSAF HAJI (LATE), VENGARA,
         KACHERIPPADI, MALAPPURAM DISTRICT,
         (OWNER OF AL JOUF TRAVELS), PIN - 679584
    5    AYISHA, AGE AND FATHER'S NAME NOT KNOWN TO THE
         PETITIONER, EMPLOYEE OF M/S. FLYUNITED TOURS AND
         TRAVELS, SECOND FLOOR, DUBAI BAZAR,
         BANK RD, OPP. ASHOKA HOSPITAL,
         KOZHIKODE, KERALA, PIN - 673001
 WP(C) No.1167 of 2023

                            2


     6      M/S. FLYUNITED TOURS AND TRAVELS
            SECOND FLOOR, DUBAI BAZAR,
            BANK RD, OPP. ASHOKA HOSPITAL,
            KOZHIKODE, KERALA,
            REPRESENTED BY ITS DIRECTOR, PIN - 673001
     7      ABDULRAHMAN
            OWNER OF MALABAR WINGS TRAVELS,
            V.K. PADI, KOLAPPURAM,
            MALAPPURAM, KERALA, PIN - 676311

            BY ADVS.

            JAMSHEED HAFIZ
            PRAJISHA M
            K.K.NESNA(K/302/2014)
            SRI.E.C. BINEESH GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1167 of 2023

                               3




                            JUDGMENT

Dated this the 1st day of February, 2023

The petitioner is before this Court seeking police

protection.

2. The petitioner states that he is engaged in the

business of Travel Agency. A flight chartered with the help of

the 4th respondent was cancelled. The petitioner had paid an

amount of ₹57 lakhs to the 4th respondent. As the flight was

cancelled, the customers of the petitioner are likely to cause

trouble to the petitioner. The petitioner states that the

petitioner is trying to settle the disputes with the customers.

But, in the meanwhile, if there is any attack against the

petitioner, the petitioner will be put to untold difficulties.

3. The 4th respondent entered appearance and

submitted that no relief is prayed against the 4 th respondent. WP(C) No.1167 of 2023

The relief is prayed against the world at large. Therefore, the

writ petition is not maintainable.

4. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3, the learned counsel for the 4 th respondent and the

learned counsel for the 6th respondent.

5. A reading of the pleadings in the writ petition does

not disclose any instance of physical provocation or violence.

The petitioner has no case that any of the customers of the

petitioner has threatened or attacked the petitioner. It is the

apprehension of the petitioner that some of the customers

may cause threat to the person and property of the petitioner.

6. A police protection order under Article 226 of the

Constitution of India cannot be granted on the basis of mere

apprehensions. If there is a real threat, the petitioner will be at

liberty to approach respondents 2 and 3.

The writ petition is therefore disposed of without granting

any relief to the petitioner, but at the same time giving liberty WP(C) No.1167 of 2023

to the petitioner to approach respondents 2 or 3, in case there

is a real threat. It is made clear that this judgment will not

prevent respondents 1 to 3 from making any lawful

investigation into the crimes alleged.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.1167 of 2023

APPENDIX OF WP(C) 1167/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONSOLIDATED LIST OF THE BANK TRANSACTIONS WITH REFERENCE NUMBERS MADE BY THE PETITIONER AND ON BEHALF OF THE PETITIONER TO THE 4TH RESPONDENT FROM 09.01.2023 TO 10.01.2023 Exhibit P2 A TRUE COPY OF THE E-MAIL COMMUNICATION EFFECTED FROM THE PART OF THE 4TH RESPONDENT TO THE PETITIONER ON 04.01.2023 Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 11.01.2023 PREFERRED BY THE PETITIONER SENT THROUGH INDIA POST TO THE 2ND AND 3RD RESPONDENTS ALONG WITH POSTAL RECEIPT Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 11.01.2023 PREFERRED BEFORE THE 3RD RESPONDENT BY THE PETITIONER ALONG WITH POSTAL RECEIPT