Citation : 2024 Latest Caselaw 15402 Ker
Judgement Date : 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 15837 OF 2024
PETITIONER:
ANEESH KUMAR. R
AGED 35 YEARS
S/O. RAJENDRAN NAIR, PLAVIRAPUTHANVEEDU PERINGINAD
P.O., POTHADIMURI, ADOOR. NOW RESIDING AT AMBADIYIL
ULAVAKKAD, PALAMEL, NOORANAD P.O., MAVELIKKARA, PIN -
690504
BY ADVS.
ALEX K.JOHN
REMYA MURALI
REENA JACOB
SRAYAS JOSEPH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
AT ERNAKULAM., PIN - 682031
2 SUB INSPECTOR OF POLICE
NOORANAD POLICE STATION, NOORANAD P.O., ALAPPUZHA, PIN
- 689622
3 SUPERINTENDENT OF POLICE
S.P. OFFICE, ALAPPUZHA, PIN - 688001
4 RAJANIRAVEENDRAN
MUTHEDATHU, VECHUCHIRA P.O. KUNNAM,
PATHANAMTHITTADISTRICT, PIN - 686511
5 RAVEENDRAN
MUTHEDATHU, VECHUCHIRA P.O. KUNNAM, , PATHANAMTHITTA
DISTRICT, PIN - 686511
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15837 of 2024
2
JUDGMENT
The petitioner says that he had an earlier
relationship with the 4th respondent, which he does
not want to continue; but that she and her father -
namely the 5th respondent - are now meting out threats
and intimidation to him, which forced him to make
Ext.P1 application before the 2nd respondent - Sub
Inspector of Police for protection of his life. He
says that he is being harassed continually by
respondents No.4 & 5 and therefore, that he
anticipates even violence at their hands. He asserts
that the said respondents have political influence and
that this will impede his right to continue as a
priest of a Temple, because if they are to involve
themselves in any violent means, then the sanctity of
the same would be prejudiced. He, therefore, prays
that the Police be directed to afford him adequate
protection from the threats of respondents 4 & 5.
2. Smt.Rekha C.Nair, learned Senior Government
Pleader, in response, submitted that the Police have
taken note of the petitioner's complaint and are
ensuriung that his life is adequately protected. She,
however, added that the Police have not been able to
discern any verifiable threats from respondents 4 & 5
as of now; but added that they will ensure that law
and order is always maintained.
3. The files reveal that the summons to
respondents 4 & 5 have been validly served. However,
they are neither present in person today, nor present
in counsel; thus inferentially guiding me to the
impression that he has nothing to offer in opposition
to the reliefs claimed by the petitioner.
Taking note of the afore submissions of the
learned Senior Government Pleader and since
respondents 4 & 5 are refusing to appear, I allow this
Writ Petition, directing the 2nd respondent to ensure
that the life of the petitioner, as also that of the
said respondents, are adequately protected against
each other and that none of them are allowed to take
law into their own hands, or cause any action which is
in violation of law.
As far as the parties are concerned, if they have
any tenable and legitimate cause against each other,
their liberty to invoke, initiate and pursue necessary
legal remedies are left open; for which their rival
contentions are also left undecided.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMANCHANDRAN JUDGE SAS
APPENDIX OF WP(C) 15837/2024
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED 05.04.2024 SUBMITTED BEFORE THE HON'BLE STATION HOUSE OFFICER, NOORANAD POLICE Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 05.04.2024 SUBMITTED BEFORE THE HON'BLE SUPERINTENDENT OF ALAPPUZHA
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