Riyas vs Superintendent Of Police, Kollam ...
2023 Latest Caselaw 7867 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                      WP(C) NO. 23787 OF 2023


PETITIONER:

             RIYAS, AGED 54 YEARS
             S/O ABDUL KHANI, THENGUVILA VEEDU, THEVARTHOTTAM
             MURI, THADIKKAD P.O., ANCHAL, ARACKAL VILLAGE,
             PUNALUR TALUK, KOLLAM DISTRICT, PIN - 691306
             BY ADV A.SANIL KUMAR


RESPONDENTS:

      1      SUPERINTENDENT OF POLICE, KOLLAM (RURAL)
             OFFICE OF THE DISTRICT POLICE CHIEF, T.B.JUNCTION,
             KOTTARAKKARA, KOLLAM, PIN - 691506
      2      STATION HOUSE OFFICER, ANCHAL POLICE STATION,
             ANCHAL, KOLLAM DISTRICT, PIN - 691306
      3      UDAYAKUMAR, S/O DHARMAJAN, 'NEST", PARIPPALLY P.O.,
             KOTTAKKERAM CHERI, ILAMKULAM, PARIPPALY, KOLLAM
             TALUK, KOLLAM DISTRICT, PIN - 691574



OTHER PRESENT:

             SRI. RAJEEV JYOTHISH GEORGE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).No.23787/2023                         2




                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                   W.P(C) No.23787 of 2023
               -------------------------------------------
              Dated this the 26th day of July, 2023

                                    JUDGMENT

The above writ petition is filed with the following prayers:

i. to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the respondents Nos. 1 and 2 to consider Ext. P3 complaint and the complaint submitted as per Ext. P4 and to afford sufficient and adequate Police protection to the lives of the petitioner and his family from the 3rd respondent and persons under him;

ii. Issue any such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice.

iii. Petitioner undertakes that the English translation of the vernacular documents will be produced as and when directed by this Hon'ble Court.

The main prayer in this writ petition is to issue a direction to

respondents 1 and 2 to consider Exts.P3 and P4 and afford adequate

police protection to the life of the petitioner and his family from the

3rd respondent and his men.

Heard the learned counsel for the petitioner and the learned

Government Pleader.

Learned Government Pleader, after getting instructions,

submitted that a complaint is received from the petitioner alleging

threat from the 3rd respondent and the same was enquired into and it

is found that there is no threat from the 3rd respondent. If that is the

case, nothing survives in this case. No notice is also necessary to the

3rd respondent because it is submitted that there is no threat to the

life of the petitioner from the 3rd respondent. If there is any threat to

the life of the petitioner from the 3 rd respondent in future, the

petitioner is free to approach the 2 nd respondent with appropriate

complaint and if such a complaint is received, the 2 nd respondent will

do the needful in accordance to law.

With the above observation, this writ petition is disposed of.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 23787/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT FOR SALE DATED 10.03.2022 EXECUTED BETWEEN THE PETITIONER AND MR. V.S. JAIN AND OTHERS Exhibit P2 TRUE COPY OF THE AGREEMENT FOR SALE DATED 29.05.2022 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 26.06.2023 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF PETITION NO.DTN921/2023, DATED 27.06.2023 ISSUED FROM THE ANCHAL POLICE STATION TO THE PETITIONER