Kerala High Court
Thankachan @ Ramesh T.D vs State Of Kerala on 6 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 15544 OF 2024
PETITIONERS:
1 THANKACHAN @ RAMESH T.D.
AGED 63 YEARS
S/O. DAMODHARAN, THEKKEKOOTTU HOUSE, RAMAPURAM P.O,
MEENACHIL, KOTTAYAM DISTRICT, PIN - 686576
2 SATHI
AGED 59 YEARS
W/O THANKACHAN, THEKKEKOOTTU HOUSE, RAMAPURAM P.O,
MEENACHIL, KOTTAYAM DISTRICT, PIN - 686576
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
JERRY PETER
AHAMMAD SACHIN K.
BINCE PAUL
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY, HOME DEPARTMENT, ROOM NO.
357 A, IST FLOOR, MAIN BLOCK SECRETARIAT, STATUE
JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE STATION HOUSE OFFICER
KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM P.O.,
ERNAKULAM DISTRICT, PIN - 686662
3 N.K JOHN
AGED 65 YEARS
S/O KURIAKOSE, NARIVELIPUTHANPURAYIL HOUSE,
KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT, PIN -
686662
BY ADVS.
GIGIMON ISSAC
A.K.JAYAPRAKASH(K/163/1992)
TOBIAS TOGI MATHEW(K/867/2018)
SMT.REKHA C.NAIR, SR.GP
W.P.(C)No.15544/2024
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.15544/2024
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.15544 of 2024
==========================
Dated this the 6th day of June, 2024
JUDGMENT
The petitioners say that, they are being attacked by
respondent No.3 on account of the animosity he has with them
with respect to certain properties, over which disputes are
pending. They say that on 14.03.2024, the 3 rd respondent
attacked the first among them and caused them injury, leading
to Ext.P1 FIR being registered; but that in spite of this, he
continued to mete out threats and intimidation to them, forcing
them to lodge Ext.P2 complaint before the 2 nd respondent on
04.04.2024.
2. The petitioners say that, however, even though they
have obtained Ext.P4 order of injunction and have
unimpeachable rights over their property, the 2 nd respondent
Police Officer is not taking any action to offer them protection;
and hence, that they are living in great fear for even their lives.
They pray that the 2nd respondent be, therefore, directed to
offer them adequate and effective protection.
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3. However, the afore submissions of Sri.Dinesh
Mathew J. Murikan - learned counsel for the petitioners, were
controverted by Sri.Gigimon Issac - learned counsel for
respondent No.3, asserting that the true facts are not stated as
above and that it is, in fact, his client who has been attacked
by the petitioners, leaving to a Crime being registered as
Crime No.376 of 2024 of the Koothattukulam Police Station. He
contented that, it is, therefore, his client who requires Police
protection; but that, it is to prevent them from invoking their
remedies, that the petitioners have approached this Court
through this writ petition, to obtain orders under the guise of
police protection. He thus prays that this writ petition be
dismissed.
4. Smt.Rekha.C.Nair - learned Senior Government
Pleader, affirmed that the petitioners and the 3 rd respondent
have various disputes between themselves relating to
adjoining properties; and that cases have been filed at their
instances against each other. She added that both sides allege
that the other has attacked them and therefore, that the Police
are now making sure that their lives are protected against each
other, without being allowed to take any action in violation of
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law. She submitted that the Police cannot intervene in the civil
disputes between the parties; and therefore, that they can only
do what has been stated above.
5. I have no doubt that the duty of the Police is to only
to ensure that the lives and the properties of the parties are
adequately protected, as in the case of every citizen of the
country. Since both the sides say that they have been
attacked by the other and FIRs and cases are filed against each
other, I am certain that the Police cannot intervene into such
disputes, but must protect their lives, so that they do not take
law into their own hands.
In the afore perspective, I allow this writ petition and
direct the 2nd respondent to ensure that the lives of the
petitioners, as also that of the 3 rd respondent, are adequately
protected against each other and that none of them are
allowed to commit any act in violation of law, thus orders being
maintained. If any infraction of these directions are found or
intimated to the 2nd respondent, necessary action under law to
the fullest warrant without any reservation will be taken and
completed.
As far as the parties are concerned, their respective
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remedies before the competent Court/Forum, as also their
contentions are left open, but are warned that they shall not
take law into their own hands, or commit any action which is in
violation of peace.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
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APPENDIX OF WP(C) 15544/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.228/2024 OF KOOTHATTUKULAM
POLICE STATION DATED 14.03.2024
Exhibit P2 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 04.04.2024
Exhibit P3 TRUE COPY OF THE PLAINT IN O.S.NO.138/2024
ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA
Exhibit P4 TRUE COPY OF THE ORDER IN I.A.NO.2/2024 IN
O.S.NO.138/2024 PASSED BY THE MUNSIFF
COURT, MUVATTUPUZHA DATED 06.04.2024
