The Court dismissed the writ petition for police protection against the fourth respondent. Accepting the respondent's undertaking to take legal steps and noting no recent incidents, the Court held no further Article 226 directions were required.
The writ petition was dismissed; no further police protection directions were issued.
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
FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933
WP(C).No. 7521 of 2010(M) --------------------------------------
PETITIONER(S):
------------------------
1. UNUS KUNJU, S/O.KUNJU, AGED 62, MUNDAKATH VADAKKATHIL, KANNAMPPALLY BHAGAM, KAYAMKULAM.
2. ANIMON, S/O.UNUS KUNJU, AGED 30, -DO-.
BY ADV. SRI.K.R.SUNIL
RESPONDENT(S):
--------------------------
1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT.
2. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM.
3. THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, MAVELIKKARA.
4. THAJUDEEN, KOCHARACKAL, KANNAMPALLY BHAGAM, KAYAMKULAM.
R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA R4 BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.7521/2010
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
R.BASANT &
K. SURENDRA MOHAN, JJ.
W.P(C) NO: 7521 OF 2010
Dated this the 25th March, 2011.
JUDGMENT
Basant, J.
Petitioner has come to this Court with this petition seeking issue of directions under Art.226 to respondents 1 to 3 to afford police protection to the petitioners against wanton, culpable and violent conduct on the part of the fourth respondent.
petitioner/son was employed with the fourth respondent. There has been disputes and deferences between the second petitioner and the fourth respondent. Fourth respondent is allegedly indulging in violent conduct against the petitioners as also the breast feeding wife of the second petitioner. It is in these circumstances that the petitioner came to this Court with this petition for police protection.
WPC 7521/2010 2
the allegations are totally false. Be that as it may, the learned counsel for the fourth respondent submits that there are disputes between the second petitioner and the fourth respondent. The second petitioner has allegedly misappropriated amounts and when objections were raised there was an agreement that the amount shall be repaid. The amount has not been repaid and it is to avoid the obligation under the agreement that such a false allegation is now being raised. The fourth respondent undertakes that in any view of the matter the fourth respondent shall take only legal steps against the petitioners and shall not in any way attack or cause physical harm to the petitioners. This undertaking may be recorded and no further directions need in these circumstances be issued submits the learned counsel for the fourth respondent.
3
WPC 7521/2010
expired after three weeks. There after also there has been no untoward incidents at all. No directions under Art.226 are now necessary it is pointed out.
R.BASANT Judge
K. SURENDRA MOHAN Judge
jj
WPC 7521/2010 4
2 issues framed by the court
Whether further directions under Article 226 are necessary for police protection after the respondent undertook to take legal steps and no incident occurred.
Whether the undertaking by the fourth respondent and lack of recent incidents negate the need for interim protection.
1 provisions across 1 enactments
Unus Kunju
Animon
The Superintendent of Police, Alappuzha
The Circle Inspector of Police, Kayamkulam
The Sub Inspector of Police, Vallikkunnam
Thajudeen
R. BASANT
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
