Kerala High Court
V.J.Nelson vs State Police Chief on 2 August, 2024
2024:KER:62098
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 22939 OF 2020
PETITIONER:
V.J.NELSON
AGED 75 YEARS,S/o JOHN, 15/375,
VAZHAKKOTTATHIL HOUSE, KARIKKASSERI LANE,
AZHEEKKAL P.O., ERNAKULAM DISTRICT,PIN-682 508.
BY ADV
SRI.P.A.SALIM
RESPONDENTS:
1 STATE POLICE CHIEF
OFFICE OF THE STATE POLICE CHIEF, KERALA STATE
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM,PIN-695 010.
2 THE CITY POLICE COMMISSIONER,KOCHI,
OFFICE OF THE CITY POLICE COMMISSIONER,
KOCHI-682 011.
3 THE STATION HOUSE OFFICER,
MULAVUKADU POLICE STATION, MULAVUKADU P.O.,
ERNAKULAM DISTRICT,PIN-682 504.
4 PACKSON
AGED 37 YEARS
S/O. ANTONY, KURISINKAL HOUSE, KARIKKASSERY LANE,
AZHEEKKAL P.O, ERNAKULAM DISTRICT,PIN-682 508.
BY ADV
SRI.KURIAN JOSEPH (ARAKKUNNAM)
OTHER PRESENT:
SRI. BIMAL K. NATH- SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.22939 OF 2020
2
2024:KER:62098
JUDGMENT
(Dated this the 2nd day of August, 2024)
The petitioner is a senior citizen aged 75 years. The
4th respondent is a neighbour and not in good terms. While
the petitioner started construction of residential building, he
filed false complaint before the Local Grama Panchayat and
the Ombudsman. The petitioner approached the 4 th
respondent requesting to enter his compound to clean and
remove the plants in the back side of the compound wall of
the residential building. The 4 th respondent did not allow
but, threatened that he will break his leg. Therefore, the
petitioner approached the 3rd respondent with complaint
dated 10.07.2020. The 4th respondent threw brick to the
petitioner's residential house and damage was caused.
Since no action was taken by the 3 rd respondent, the
petitioner has approached the 2nd respondent seeking police
protection to the life of the petitioner through complaint
dated 09.09.2020. Though the Police came to the property
WP(C) NO.22939 OF 2020
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they have not granted protection to the life of the
petitioner's family members. In such circumstances, the
petitioner has approached this Court by filing this writ
petition.
2. The 4th respondent has filed a counter affidavit
denying all the allegations in the writ petition. It is averred
that on the compliant filed by the 4th respondent before the
Ombudsman and on hearing of both parties, the Secretary
of the Panchayath and Assistant Engineer were directed to
visit the property and find out the violations of the building
and the extent of violation such as the setback rule. Against
the said order, the petitioner filed writ petition
No.28638/2013 thereby the order of the Ombudsman has
modified whereby the Secretary was to hear the petitioner
as well as the respondent and pass appropriate orders in
accordance with law. The allegation regarding harassment
in the complaint filed by the petitioner is totally denied.
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The Police made enquiry and found that there is no threat
from the 4th respondent and accordingly the complaint was
closed.
3. On 27.10.2020 an interim order was passed by
this Court directing the 3rd respondent to ensure that law
and order is maintained and that no harm is caused to the
petitioner herein and his family members by the 4th
respondent. The interim order still continues and therefore,
I deem it appropriate to dispose of the writ petition making
the said interim order absolute.
The writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
S.M.K.
WP(C) NO.22939 OF 2020
2024:KER:62098
APPENDIX OF WP(C) 22939/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 10.07.2020
EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
DAMAGE CAUSED TO THE METAL ROOF OF THE
HOUSE OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 09.09.2020
