Kerala High Court
K.E. Noushad vs The District Police Chief on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22272 OF 2023
PETITIONER/S:
K.E. NOUSHAD, AGED 58 YEARS
RAJEENAS, PARIMADAM, NEW MAHE P.O.,
KANNUR., PIN - 673311
BY ADV I.DINESH MENON
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF,
CIVIL STATION P.O., KANNUR, PIN - 670001
2 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DYSP, THALASSERY P.O.,
THALASSERY., PIN - 670101
3 THE STATION HOUSE OFFICER
NEW MAHE POLICE STATION NEW MAHE P.O.,
NEW MAHE., PIN - 673311
4 THE SUB INSPECTOR OF POLICE
NEW MAHE POLICE STATION NEW MAHE P.O.,
NEW MAHE., PIN - 673311
5 ABDUL RAHMAN
SEASIDE CASTLE, NEAR MAHE GROUND, MAHE.,
PIN - 673310
6 FAYAS @ FAIS
S/O AHAMMED, BLOSSOM HOUSE, CUSTOMS ROAD,
VADAKARA BEACH P.O., VADAKARA, NOW RESIDING AT
KHAIR HOUSE, CUSTOMS ROAD, VADAKARA BEACH P.O.,
VADAKARA., PIN - 673101
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 22272 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 22272 of 2023
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Dated this the 14th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue a writ in the nature of mandamus or any such other
writ, direction or orders commanding the respondents 1, 2
and 3 to provide adequate and effective police protection to
the petitioner, his family members and their properties from
respondents 5, 6 and their henchmen on 8.7.2023;
ii. Dispense with the production of translation of vernacular
documents;
iii. Issue any such other writ, direction or orders, which this
Hon'ble Court may deem fit and proper considering the
facts and circumstances of the case." (sic)
2. The main prayer in this writ petition is to provide adequate
police protection to the petitioner, his family members and their
property from respondents 5, 6 and their henchmen. When this writ
petition came up for consideration, this Court passed the following
order on 07.07.2023.
W.P.(C). No. 22272 of 2023
"Admit.
Government Pleader takes notice for respondent Nos. 1 to 4.
Issue urgent notice by special messenger to respondent Nos.
5 and 6.
Respondents 1, 2 and 3 will provide adequate police
protection to the life of the petitioner and his property from
respondents 5 and 6 and their men till 14.07.2023.
Post on 14.07.2023."
3. Even though notice is sent to respondents 5 and 6, there is
no appearance. The Government Pleader, after getting instructions
submitted that there is some money transaction between the petitioner
and the 5th respondent and the threat alleged in the writ petition is not
correct. If that be the case, this writ petition can be disposed of
allowing the petitioner to approach the 3 rd respondent with appropriate
petition.
Therefore, this writ petition is dispose of in the following
manner:
1. If there is any threat to the life of the petitioner from
respondents 5 and 6, the petitioner is free to file a
complaint before the 3rd respondent and if such a complaint
W.P.(C). No. 22272 of 2023
is received, the 3rd respondent will do the needful to see
that there is no threat to the life of the petitioner.
2. But I make it clear that there is any money dispute
between the petitioner and the 5 th respondent, the police
need not interfere with the same.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 22272 of 2023
APPENDIX OF WP(C) 22272/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REQUEST DATED
4.7.2023
