Malathy V vs State Of Kerala
2023 Latest Caselaw 127 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 18797 OF 2020
PETITIONER:

            MALATHY V.,
            AGED 50 YEARS
            W/O. LATE MANIKANTAN, GAYATHRI NIVAS, THAMARAKKULAM,
            KANJIKODE, PALAKKAD DISTRICT, PIN - 678621.
            BY ADV T.K.SANDEEP
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
            TRIVANDRUM - 695001.
    2       THE SUPERINTENDENT OF POLICE,
            DISTRICT POLICE OFFICE, PALAKKAD - 678001.
    3       THE SUB INSPECTOR OF POLICE,
            WALAYAR POLICE STATION, PALAKKAD DISTRICT - 678624.
    4       MUHAMMAD GHANI
            AGED 59 YEARS
            S/O. ISMAIL, SHAJITHA MANZIL, THAMARAKKULAM,
            KANJIKODE, PALAKKAD DISTRICT - 678621.
            SRI.K.P.BALAGOPAL
            SRI.T.K.SHAJAHAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18797 OF 2020

                                       2




                                JUDGMENT

Dated this the 6th day of January, 2023

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 2 & 3 to provide adequate police protection to the life and property of the petitioner, from the hands of the 4th respondent and his henchmen."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for the 4 th

respondent.

3. An interim order was passed on 14.09.2020 directing the 3rd

respondent to afford adequate and effective protection to the life of the

petitioner. It was further ordered that the police will maintain law and

order in the area and will ensure that no illegal activities are committed

by any person, including the parties to this writ petition.

4. A detailed counter affidavit has been placed on record by the 4 th

respondent denying the allegations.

5. Having heard the learned counsel on all sides, I am of the opinion WP(C) NO. 18797 OF 2020

that the interim order granted by this Court on 14.09.2020 is liable to

continue. In case of any further overt acts by the 4 th respondent, the

petitioner may inform the Station House Officer who shall continue to

afford adequate protection to the life of the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 18797 OF 2020

APPENDIX OF WP(C) 18797/2020

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE FIR IN CRIME NO.395/2018 OF WALAYAR POLICE STATION, DATED 13.04.2018. EXHIBIT P2 A TRUE COPY OF THE FIR IN CRIME NO.160/2019 OF WALAYAR POLICE STATION DATED 22.05.2019. EXHIBIT P3 A TRUE COPY OF THE FIR IN CRIME NO.363/2019 OF WALAYAR POLICE STATION DATED 23.10.2019. EXHIBIT P4 A TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE SUPERINTENDENT OF POLICE PALAKKAD DATED 31.03.2020.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(1) TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD BY THE 4TH RESPONDENT'S DAUGHTER ON 8/6/2020 ALONG WITH ITS ACKNOWLEDGMENT RECEIPT EXHIBIT R4(2) TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD BY THE 4TH RESPONDENT'S DAUGHTER ON 7/8/2020 ALONG WITH ITS ACKNOWLEDGMENT RECEIPT