Seenath vs The Station House Officer
2023 Latest Caselaw 7691 Ker

             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. 10258 OF 2023
PETITIONER:

             SEENATH, AGED 44 YEARS
             W/O. BASHEER, VADAKKAN HOUSE, VILLOOR, KOTTAKKAL,
             MALAPPURAM DISTRICT., PIN - 676503
             BY ADVS.
             JACOB SEBASTIAN
             WINSTON K.V
             ANU JACOB
             DIVYA R. NAIR


RESPONDENTS:

     1       THE STATION HOUSE OFFICER
             VALANCHERY POLICE STATION, VALANCHERY P.O,
             MALAPPURAM DISTRICT., PIN - 676552
     2       MOOSAKUTTY
             S/O. SAITHALAVI, KAPPURATH HOUSE, KAREKKADU P.O,
             CHENKUNDAMPADI, TIRUR TALUK, MALAPPURAM DISTRICT.,
             PIN - 676553
     3       AYMU
             S/O. SAITHALIKUTTY, KALLUVALAPPIL HOUSE, KAREKKADU
             P.O, CHENKUNDAMPADI, TIRUR TALUK, MALAPPURAM
             DISTRICT., PIN - 676553
     4       GOPALAKRISHNAN
             S/O. VELAYUDHAN NAIR, PULLATT HOUSE, KAREKKADU P.O,
             NAMBOOTHIRIPADI, TIRUR TALUK, MALAPPURAM DISTRICT.,
             PIN - 676553
             ADV. 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:
 W.P(C).No.10258/2023                        2


                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                    W.P(C) No.10258 of 2023
                -------------------------------------------
               Dated this the 14th day of July, 2023

                               JUDGMENT

The above writ petition is filed with the following prayers:

Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the first respondent to afford effective police protection to the person and property of the petitioner.

Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the first respondent to ensure that respondents 2 to 4 or other associates does not interfere in any manner, with the activity in the petitioner's property.

To dispense with the production of the English translation of Ext.P3 which is in vernacular language and Issue such other writ, order or direction which this Honourable Court may deem fit and proper on facts and circumstances of the case and in the interest of justice.

2. When this writ petition came up for consideration on

23.03.2023, this Court passed the following order:

'Issue urgent notice on admission by speed post to respondents 2 to 4. Pending disposal of the writ petition,if the petitioner brings the notice of the 1st respondent any

real threat from respondents 2 to 4,the 1st respondent shall act in accordance with law.'

3. Even though notice is issued to respondents 2 to 4, there

is no appearance for the respondents.

4. Today, when the writ petition came up for consideration,

learned Government Pleader submitted that the petitioner is

constructing a building and compound wall and there was violation

in the construction and the panchayath issued certain notices. It is

submitted that, there is no threat to the life of the petitioner from

the party respondents and if there is any such threat, the police will

do the needful in accordance to law.

In the light of the same, this writ petition itself can be disposed

of, confirming the order dated 23.03.2023. Therefore, this writ

petition is disposed of making the order dated 23.03.2023 absolute.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 10258/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.01.2023 ISSUED BY THE VILLAGE OFFICER, EDAYUR.

Exhibit-P2 A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 27.02.2020 ISSUED BY THE EDAYUR GRAMA PANCHAYATH.

Exhibit-P3 A TRUE COPY OF THE COMPLAINT DATED 21.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ALONG WITH RECEIPT.