Petitioner Trust sought police protection for its Patron and students against alleged threats. Respondents appeared and denied intent to harm, citing only objection to illegal construction. Court noted no apprehension of threat to life.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933
WP(C).No. 10721 of 2011(M) -------------------------------------
PETITIONER(S):
-----------------------
AL-SHAIK-AL-RIFA MEMORIAL CHARITABLE & EDUCATIONAL TRUST, REPRESENTED BY PATRON HAJI.A.ABDUL RAHMAN KOYA THOLIKODE,TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S):
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1. SUPERINTENDENT OF POLICE, NEDUMANGAD POLICE STATION, TRIVANDRUM.695 003.
2. THE SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, VITHURA TRIAVANDRUM.695 002.
3. MUHAMMED SWALIH MUSLIAR, S/O. MOUDEENKANNU, KALLUVILAKATHU HOUSE, THOLIKODE VILLAGE, TRIVANDRUM.695 505.
4. ABDUL RAHEEM, S/O. MUHAMMED ISMAYIL PERI NGAVIL VILAYIL VEEDU, THOLIKODE VILLAGE, TRIVANDRUM.695 505.
5. SHAHUL HAMEED, S/O. ABDU AHSHUMAN, NEAR H.S.S. THOLIKODE VILLAGE, TRIAVANDRUM.695 505.
ADV. SRI.P.K.MUHAMMED FOR R3,4&5 SRI.M.ABDUL RASHEED FOR R3,4&5
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.10721/2011
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE COMPLAINT GIVEN BY THE PETITIONER BEFORE IST RESPONDENT. P2:- COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO 2ND RESPONDENT.
RESPONDENT'S EXHIBITS
NIL:-
TRUE COPY
P.S. TO JUDGE
tss
R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------W.P.(C) No. 10721 of 2011-M
------------------------------------------------Dated this the 7th day of June, 2011
JUDGMENT
Basant,J.
The petitioner is a Trust represented by its Patron. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford protection for the petitioner against illegal, contumacious and culpable conduct apprehended from respondents 3 to 5. According to the petitioners, the Trust is engaged in charitable and educational activities. Some persons of the locality prompted by green envy are raising threat to the Patron of the Trust. The learned counsel for the petitioner makes it crystal clear that the petitioner is not seeking any orders for protection of the property of the Trust. The apprehension/grievance is that respondents 3 to 5 may pose threat to the life and person of the Patron of the Trust and the students attending the institution run by the Trust. Police protection may be afforded to the Patron and the students, it is prayed.
W.P.(C) No. 10721 of 2011 -: 2 :-
to them, the petitioner is attempting to get himself armed with an innocuous order of police protection so that he can later conveniently misuse and mis-utilise the same. Respondents 3 to 5 have no intention to cause any threat to the life or person of the Patron or the students attending the educational institution allegedly run by the Trust. It is true that the local persons had raised objections to the illegal construction of buildings by the Trust in their property. Other than this, there has been no attempt whatsoever against the life or person of the Patron or the students. The categoric undertaking of respondents 3 to 5 may be recorded that they have no intention to indulge in any contumacious and culpable acts against the Patron of the Trust or the students who want to attend the activities of the Trust.
W.P.(C) No. 10721 of 2011 -: 3 :-
not apprehend any such contumacious activities from respondents 3 to 5. If the petitioner has any such grievance, he shall lodge a complaint before the police. If any genuine complaint is received from the petitioner, necessary action shall be taken by the police, undertakes the learned Government Pleader on behalf of respondents 1 and 2. We accept the submission of respondents 3 to 5 that they shall not indulge in any contumacious or culpable acts against the Patron or the students. We record the submission of the learned Government
Pleader that police shall take necessary action, if any genuine complaint is received from the petitioner against respondents 3 to 5. We record the submission of the learned counsel for the petitioner that the petitioner is not seeking any relief in respect of any property.
Sd/-
Nan/
R. BASANT (Judge) Sd/K. SURENDRA MOHAN (Judge) //true copy// P.S. to Judge
W.P.(C) No. 10721 of 2011 -: 4 :-
3 issues framed by the court
Whether writ petition for police protection against alleged threat to life of Trust patron can be allowed when threats are unproven.
Whether petition seeking police protection for illegal construction in private properties can be allowed.
Whether police protection order would be misused by petitioner based on allegations from local residents.
AL-SHAIK-AL-RIFA MEMORIAL CHARITABLE & EDUCATIONAL TRUST
SUPERINTENDENT OF POLICE, NEDUMANGAD POLICE STATION, TRIVANDRUM
SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, VITHURA
MUHAMMED SWALIH MUSLIAR
ABDUL RAHEEM
SHAHUL HAMEED
R. Basant
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
