Disposed

Raji Sunil v. State of Kerala

Kerala HC9 Oct 2014WP(C)/26082/2014

Case brief

AI extract

What is this about?

The High Court directed the jurisdictional police to maintain law and order and take cognizance of any cognizable offence reported by the petitioner regarding threats to her home and business premises, while dispensing notice to additional respondents.

What did the court decide?

Directed police to maintain law and order and act on reports of cognizable offences; extend protection if a real threat exists.

Raji Sunil Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

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THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 9TH DAY OF OCTOBER 2014/17TH ASWINA, 1936

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WP(C).No. 26082 of 2014 (I)

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PETITIONER(S):

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RAJI SUNIL, AGED 40 YEARS, W/O.SUNIL, VALLIYIL HOUSE, ANGADICKAL SOUTH P.O., CHENGANNUR, ALAPPUZHA DISTRICT.

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BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT(S):

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1. STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,

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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

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2. THE DISTRICT POLICE CHIEF,

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ALAPPUZHA, PIN 688 001.

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3. SUB INSPECTOR OF POLICE,

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CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT, PIN 688 001.

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4. ANU C.SENAN,

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SECRETARY, SREE NARAYANA DHARMA PARIPALANA UNION,

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CHENGANNUR, PIN 689 121.

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5. T.D.GOPALAKRISHNAN,

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5. T.D.GOPALAKRISHNAN, UNION COUNCILLOR, SREE NARAYANA DHARMA PARIPALANA UNION, CHENGANNUR, PIN 689 121.

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6. RAJESH,

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UNION COUNCILLOR, SREE NARAYANA DHARMA PARIPALANA UNION, CHENGANNUR, PIN 689 121.

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7. SAJI KUMAR,

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SECRETARY, SNDP BRANCH NO.97, CHENGANNUR, PIN 689 121.

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8. K.P.VIJAYAKUMAR

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VICE PRESIDENT, SNDP BRANCH NO.97, CHENGANNUR, PIN 689 121.

Msd.

..2/-

..2..

WP(C).No. 26082 of 2014 (I)

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9. SOMAN COMMITTEE MEMBER, SNDP BRANCH NO.97, CHENGANNUR, PIN - 689 121.

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10. REJI @ KANAKAN, COMMITTEE MEMBER, SNDP BRANCH NO.97, CHENGANNUR, PIN - 689 121.

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R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 26082 of 2014 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF THE REPRESENTATION DATED 07.10.2014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 2 & 3.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.

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============================== W.P.(C)No.26082 of 2014

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============================== Dated this the 9^th day of October, 2014

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JUDGMENT

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Thottathil B. Radhakrishnan, J.

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Notice to respondents 4 to 10 is dispensed with preserving their right to seek re-hearing of the matter, if they feel aggrieved by the directions contained herein. We have heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 3.

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According to the petitioner, her husband is an activist of a social organization and the rival group is attempting to disturb the peace and tranquility of the petitioner’s home and the business premises by preparing to indulge in acts which would amount to offences punishable under law.

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WPC 26082/2014

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Having heard the learned counsel for the petitioner and the learned counsel for respondents 1 to 3, it is noted that all that is required is that the jurisdictional police officer will ensure that law and order is maintained and any report as to commission or real apprehension of any cognizable offence is taken care of in accordance with law following due procedure. Let this be done. If there is any real threat to the life of the petitioner and if there is a request for protection in that regard, the police shall extend such protection on usual terms.

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The writ petition is ordered accordingly.

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Sd/THOTTATHIL B. RADHAKRISHNAN JUDGE

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Sd/- BABU MATHEW P. JOSEPH JUDGE

ks.

True copy

P.S.To Judge

WPC 26082/2014 3

Raji Sunil v. State of Kerala

Case brief

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Raji Sunil v. State of Kerala

Case brief

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