Kerala High Court
Dileep. S vs State Of Kerala on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13774 OF 2024
PETITIONER:
DILEEP. S
AGED 53 YEARS
S/O V.K SADASIVA PANICKER, KRISHNALAYAM, KANJOOR,
CHINGOLI VILLAGE, CHEPPAD, KARTHIKAPALLY,
ALAPPUZHA, PIN - 690507
BY ADVS.
BASIL CHANDY VAVACHAN
CHARUTHA BHAIJU
GEORGIE SIMON
CHANDHANA BHAIJU
BASIL SAJAN
FATHIM NAVAS
KAVYA P.R.
LEKSHMI PRIYA V.
BASIL SCARIA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT POLICE CHIEF
ALAPPUZHA DISTRICT, MUKHAM PURAYIDOM CIVIL STATION
WARD, ALAPPUZHA, PIN - 688012
3 STATION HOUSE OFFICER
KAREELAKULANGARA POLICE STATION, KANYAKUMARI-
PANVEL ROAD, NANGIARKULANGARA, ALAPPUZHA, PIN -
690513
4 RAJENDRAN PILLAI
S/O KRISHNA PILLAI, RAJAVALSAM, PANAGAD P.O,
KULANADA, KULANADA VILLAGE, KOZHENCHERRY,
PATHANAMTHITTA, PIN - 689641
5 VARUN RAJ
S/O OF RAJENDRAN PILLAI, RAJAVALSAM, PANAGAD P.O,
KULANADA, KAIPUZHA VILLAGE, KOZHENCHERRY,
WP(C) NO. 13774 OF 2024
2
PATHANAMTHITTA, PIN - 689641
6 CHERAYI SHAJI
R.K JUNCTION, HARIPAD, ALAPPUZHA, PIN - 690514
BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13774 OF 2024
3
JUDGMENT
The petitioner says that he is being subjected to threats
from respondents 4 and 5, who allegedly harbour an intention
to buy his property. He says that when he refused, they have
resorted to intimidatory tactics, including by sending persons
to his house, breaking open its front door; as also to damage
their car, by breaking its windshields and hence, that he had
been constrained to approach the 2nd respondent - District
Police Chief, through Ext.P2, seeking protection; but that
since it has been denied, he has been constrained to approach
this Court through this Writ Petition.
2. Sri.Basil Chandy Vavachan - learned counsel for
the petitioner, submitted that, in fact, even after Ext.P2 had
been preferred, an attack was unleashed on his client on
25.03.2024 and that this had been widely reported in
newspapers, a copy of which is produced on record as Ext.P3.
He added that his client is residing with his wife and minor
daughter and that the constant threats now faced makes it
impossible for them to live peacefully. He, therefore, prayed
that respondent Nos.2 and 3 be directed to afford his client
and his family necessary and adequate protection.
WP(C) NO. 13774 OF 2024
3. Sri.Poulose C.Abraham - learned counsel appearing
for respondents 4 and 5, submitted that the afore allegations
made against his client are totally baseless and factually
untrue and that they have no intent to cause any threat,
intimidation, much less attack, on the petitioner or his family.
He submitted that all these imputations have been made with
highly questionable motives and that his clients intend to
defend it appropriately, if it becomes so warranted.
4. Even though respondent No.6 has been validly
served through a special messenger deputed by this Court, he
has chosen not to be present in person, or to be represented
through counsel; infrentially guiding me to the impression
that he has nothing to offer in opposition to the various
assertions made by the petitioner.
5. Sri.P.M.Shameer - learned Government Pleader,
affirmed that the petitioner is facing no threat at the moment
and that the 3rd respondent is ensuring that lives of his family
and that of himself are being protected effectively. He added
that the Police will maintain a continuous vigil to ensure that
disputes between the parties, if any, do not degenerate into a
law and order issue and that no one is allowed to take law
into their own hands.
WP(C) NO. 13774 OF 2024
6. It is thus evident that the Police have already taken
necessary steps for the protection of the petitioner's life and
properties; while the learned counsel for respondents 4 and 5
says that they have not and do not intent to attack or cause
any threat or intimidation to the petitioner.
7. Obviously, nothing remains for this Court to further
adjudicate, except to record the afore and issue consequential
directions.
In the afore circumstances, the above submissions of
the learned Government Pleader and that of Sri.Poulose
C.Abraham are recorded; with a consequential direction being
issued to the 3rd respondent - Station House Officer, to ensure
the lives and property of the petitioner and his family are
adequately protected from any threat; and that any complaint
from them in future be dealt with fullest warrant of law, after
making necessary enquiries.
Needless to say, law and order shall be maintained on a
continuous basis and it be ensured that no one is allowed to
commit any action which is in breach of peace, in future.
Sd/-DEVAN RAMACHANDRAN
JUDGE
lsn
WP(C) NO. 13774 OF 2024
APPENDIX OF WP(C) 13774/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF FIR IN CRIME NO.
187/2024 OF KAREELAKULANGARA POLICE
STATION, ALAPPUZHA
Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED
27/03/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE DAILY NEWSPAPERS
REPORTS THE INCIDENT DATED 25/03/2024
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A TO JUDGE
LSN
