In this petition for police protection, the petitioner's counsel and the Government Pleader submitted that no current threat existed against the petitioner since an interim order remained in force. The Court was satisfied that no direction under Article 226 was warranted under the circumstances.
none
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932
WP(C).No. 2186 of 2009(I) ------------------------------------
PETITIONER(S): ------------------------
PRADEEP.P, S/O. PANKAJAKSHAN, PROPRIETOR, THAYYIL AGENCIES, MAHADEVIKAD.P.O, KARTHIKAPPALLY, ALAPPUZHA.
BY ADV. SRI.J.OM PRAKASH
RESPONDENT(S):
---------------------------
1. THE CIRCLE INSPECTOR OF POLICE, HARIPAD.
2. THE SUB INSPECTOR OF POLICE, THRIKKUNNAPUZHA POLICE STATION.
3. GOPI PILLAI, PUTHUPURAKKAL HOUSE, MAHADEVIKAD.P.O, KARTHIKAPPALLY.
4. VIJAYAN, ELANJIKKAL HOUSE, -DO-
5. SATHIYAPPAN, POOVATHARAYIL, ERIKKAVU.P.O, KARTHIKAPPALLY.
*** ADDL.R6: THE DISTRICT LABOUR OFFICER, ALAPPUZHA.**
*** ADDL.R7: THE ASSISTANT LABOUR OFFICER, HARIPAD.**
R1 & R2, R6 & R7 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.2186/2009
APPENDIX
PETITIONER'S EXHIBITS:
P4 COPY OF THE COMPLAINT DATED 19/1/2009.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
R.BASANT & K.SURENDRA MOHAN, JJ.
**W.P(C) No.2186 of 2009-I *******************************
Dated this the 16th day of March, 2011
JUDGMENT
BASANT, J.
This petition for police protection filed as early as on 20.01.2009 is remaining on file without disposal even now. The matter came up for hearing last on 27.01.2009 and interim relief was granted by the Bench which dealt with the matter to the following effect.
“Interim relief as prayed for is
granted provided the area in question is
not a scheme covered area.”
Respondents 3 to 5 were served, but they have not chosen to enter appearance and resist the prayer of the petitioner or the interim order passed.
W.P(C) No.2186 of 2009-I 2
W.P(C) No.2186 of 2009-I
3
Accepting these submissions of the learned Government
Pleader, this Writ Petition is dismissed.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
rtr/
2 issues framed by the court
Whether a direction under Article 226 of the Constitution is necessary to issue for police protection in the absence of any threat.
Whether the interim order granted earlier should be made absolute given the clarification that the area is a scheme covered area.
1 provisions across 1 enactments
PRADEEP.P
THE CIRCLE INSPECTOR OF POLICE, HARIPAD
GOPI PILLAI
VIJAYAN
SATHIYAPPAN
R.BASANT
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
