Preetha.K vs The Director General Of Police ...
2023 Latest Caselaw 11761 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                   WP(C) NO. 28146 OF 2023
PETITIONERS:

    1     PREETHA.K.
          AGED 54 YEARS, W/O. SURENDRAN, RESIDING AT THEJUS,
          PANACHIVILA, EDAMULAKKAL.P.O, PATHANAPURAM,
          ANCHAL, KOLLAM DISTRICT., PIN - 691306
    2     SURENDRAN
          AGED 61 YEARS, S/O BHASKARAN, RESIDING AT THEJUS
          PANACHIVILA, EDAMULAKKAL.P.O, PATHANAPURAM,
          ANCHAL, KOLLAM DISTRICT., PIN - 691306
    3     PRASOON. S.
          AGED 34 YEARS, S/O SURENDRAN, RESIDING AT THEJUS,
          PANACHIVILA, EDAMULAKKAL.P.O, PATHANAPURAM,
          ANCHAL, KOLLAM DISTRICT., PIN - 691306

         BY ADV V.A.AJIVAS
RESPONDENTS:
    1   THE DIRECTOR GENERAL OF POLICE (DGP)
        POLICE HEAD QUARTERS, THIRUVANATHAPURAM., PIN 695010

   2    DISTRICT POLICE CHIEF (RURAL)
        RURAL DISTRICT POLICE CHIEF OFFICE, KOTTARAKARA
        KOLLAM DISTRICT., PIN - 691506

   3    THE STATION HOUSE OFFICER (SHO)
        ANCHAL POLICE STATION, ANCHAL KOLLAM DISTRICT.,
        PIN - 691306

   4    THE STATION HOUSE OFFICER (SHO)
        EROOR POLICE STATION, EROOR, ANCHAL KOLLAM DISTRICT.
        PIN:, PIN - 691312

   5    MUHAMMAD MUFASSAR HUSSAIN
        AGED 26 YEARS, S/O, SAIFUDEEN, SAFA COTTAGE,
        ZAKARIA BAZZAR, CIVIL STATION, ALAPPUZHA DISTRICT.,
        PIN - 688001
   6    MUHAMMAD BILAL
        AGED 26 YEARS, HAGANCOAT, 2ND FLOOR, ISHA ARCADE,
        NEAR SBI BANK, NH 47, MUNICIPAL STADIUM WARD,
        VELLAKINNAR, ALAPPUZHA DISTRICT., PIN - 688001
 W.P.(C) No.28146 of 2023
                                    -2-


     7      NOUFAL
            AGED 50 YEARS, HAGANCOAT, 2ND FLOOR, ISHA ARCADE,
            NEAR SBI BANK, NH 47, MUNICIPAL STADIUM WARD,
            VELLAKINNAR, ALAPPUZHA DISTRICT., PIN - 688001
     8      BIJU SAMMUL
            AGED 50 YEARS, S/O SAMUAL KURIVILA MATHAI, GANDHI
            NAGAR, KUTHIRACHIRRA, VALACODE, PUNALUR, KOLLAM
            DISTRICT., PIN - 691305
              BY ADVS.
              S.SHANAVAS KHAN SHAHUL HAMEED
              SHAJI G
              S.INDU(K/002856/1999)
              KALA G.NAMBIAR(K/515/2006)
              SREEJITH V.S - GP


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.11.2023,     THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.28146 of 2023
                                         -3-


                                   JUDGMENT

Dated: 16th November, 2023

The writ petition is filed seeking the following reliefs :

"i. To issue a writ of mandamus or other appropriate writ order of direction commanding respondents 1 to 4 to afford adequate and effective police protection for the life and property of the petitioners and their family from the threat of the respondents 5 to 7 and their henchmen or anybody.

ii. To declare that the petitioners and their family are entitled to get adequate and effective police protection for the life and property from the respondents 1 to 4 against the threat of respondents 5 to 7 and their henchmen or anybody.

iii. To issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to conduct a confidence investigation of Ext.P1 complaint, register case against respondents 5 to 7 and their henchmen and book the culprits under the clutches of law."

2. The 1st petitioner is the headmistress of Government LP School,

Karavaloor, the 2nd petitioner is her husband and the 3 rd petitioner is their

son and a proprietor of a concrete ready mix plant by name Thejus Ready

Mix. The respondents 5 to 8 are the directors of another company by name

Rapid Mix Concrete Pvt. Ltd., there are financial dealings and disputes

between the 3rd petitioner and respondents 5 to 8. W.P.(C) No.28146 of 2023

3. The counsel for respondents 5 to 7 submits that in the guise of

the interim order dated 23.08.2023 passed by this Court, giving protection

to the life of the petitioner, the respondents 5 to 7 are obstructed to entering

into the unit. Respondents 5 to 7 seeks clarification of the interim order so

that it shall not be interpreted by the 4 th respondent-SHO, Eroor Police

Station as an order restraining respondents 5 to 7 from entering into the

unit.

4. On 23.08.2023, there was an interim order directing the 4 th

respondent which reads as :

"If there is any threat to the life of the petitioner the 4 th respondent will do the needful."

5. It is made clear that the interim order passed by this Court is

only to protect the life of the petitioner and it shall not be construed as one

interdicting the entry of respondents 5 to 7 into the unit.

6. The counsel for the respondent submits that they do not intend

to go to the house of the petitioners and also to the school.

Recording the afore submission of the learned counsel for the

respondents, this writ petition is disposed of.

Sd/-

BASANT BALAJI JUDGE ded W.P.(C) No.28146 of 2023

APPENDIX OF WP(C) 28146/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE DEED OF LEASE EXECUTED ON 14.10.2022.

Exhibit-P2 THE TRUE COPY OF THE COMPLAINT DATED 18.08.2023 FILED BY THE PETITIONERS BEFORE RESPONDENTS 1 TO 4.

RESPONDENT EXHIBITS Exhibit R5 (a) True copy of the statement details with regard to the amount spent by these respondents Exhibt R8 b realy letter served to R5 dated 10/09/2023 Exhibt R8 a legal notice received from R5 dated 26/08/2023 Exhibit R8(a) LEGAL NOTICE DATED 26/08/2023 Exhibit R8(b) REPLAY LETTER DATED 10/09/2023