Subash Vijayappan vs State Of Kerala
2024 Latest Caselaw 32122 Ker

Kerala High Court

Subash Vijayappan vs State Of Kerala on 7 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                         2024:KER:83517


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946

                       WP(C) NO. 23047 OF 2024

        CRIME NO.42/2023 OF HARIPPAD POLICE STATION, ALAPPUZHA

PETITIONER:

            SUBASH VIJAYAPPAN
            AGED 44 YEARS
            OCC: JOURNALIST S/O VIJAYAPPAN,
            EAST S.R BHAVAN, AAYAPARAM POST
            CHERUTHANA VILLAGE ALAPUZHA DISTRICT
            KERALA, PIN - 600077

            BY ADVS.
            BIJU ANTONY ALOOR
            HASEEB HASSAN.M
            ATHUL M. JOSHEY
            KRISHNASANKAR D.
            ASOKAN K.V.
            REBIN VINCENT GRALAN



RESPONDENTS:

    1       STATE OF KERALA
            REP BY. (CHIEF SECRETARY),
            ROOM NO. 138, 2ND FLOOR NORTH BLOCK,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001

    2       STATION HOUSE OFFICER
            VIYYAPURAM POLICE STATION, ALAPPUZHA DIST,
            PIN - 690514

    3       SUPERINTENDENT OF POLICE
            ALAPPUZHA DISTRICT,
            PIN - 688001
 WP(C) NO. 23047 OF 2024
                                    2
                                                           2024:KER:83517


     4      RAJESH VIJAYAPPAN
            OCC-BUSINESS, S/O. VJAYAPPAN,
            WEST S.R. BHAVAN, CHERUTHANA VILLAGE,
            AAYAPARAM-POST, ALAPPUZHA-DIST,
            PIN - 600077

     5      ANITHA RAJESH
            OCC-BUSINESS, W/O. RAJESH,
            WEST S.R. BHAVAN, AAYAPARAM-POST,
            CHERUTHANA-VILLAGE, ALAPPUZHA-DIST,
            KERALA, PIN - 600077

            SRI. P.S. APPU, GP.


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23047 OF 2024
                                      3
                                                                   2024:KER:83517


                             JUDGMENT

Dated this the 7th day of November, 2024

The petitioner is seeking police protection to

his life and property from the threat of violence

extended by respondents 4 and 5. The 4 th

respondent is the petitioner's brother and the 5 th

respondent, his sister-in-law.

2. When this matter is taken up for

consideration, learned Government Pleader

submitted that both the petitioner as well as the 4 th

respondent are history sheeters, included in the

rowdy list maintained at the police station.

Therefore, the police is keeping surveillance over

them and in case of any untoward incident, will take

immediate action.

3. I heard the learned Counsel for the

petitioner also. Respondents 4 and 5 have not WP(C) NO. 23047 OF 2024

2024:KER:83517

appeared despite service of notice.

In the light of the submissions of the learned

Government Pleader, the writ petition is closed,

reserving the petitioner's right to alert the police in

the event of there being any imminent threat from

the 4th respondent, and directing the police to take

immediate action on receipt of such information.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 23047 OF 2024

2024:KER:83517

APPENDIX OF WP(C) 23047/2024

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE IDENTITY CARD OF SUBHASH.

EXHIBIT P2 COPY OF THE SETTLEMENT DEED NUMBER 9/2018 OF SRO HARIPPAD ON 30/12/2017.

EXHIBIT P3 COPY OF THE COMPLAINT BEFORE HON'BLE JFMC AT HARIPPAD BY FILING CMP NO.294/2023 DATED 19/01/2023.

EXHIBIT P4 COPY OF THE FIR 42/2023 DATED 21/01/2023 OF HARIPAD PS

EXHIBIT P5 COPY OF THE NEWSPAPER CUTTINGS

EXHIBIT P6 COPY OF THE COMPLAINT BEFORE DYSP, KAYAMKULAM WITH RECEIPT DATED 25/03/2023.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 06/12/2023 BEFORE SP, ALAPPUZHA