The Court dismissed a writ appeal challenging the dismissal of a petition seeking to quash an intimation by the District Collector directing police protection for respondents based on an apprehension of threat, holding no error was committed.
The writ appeal was dismissed with no other order passed.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
WA.No. 2383 of 2015 ()
WP(C) 19324/2015 of THIS HON'BLE COURT
APPELLANT/PETITIONER IN WRIT PETITION :
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ANILKUMAR S., SREELAKAM, T.C 6/35(1), SNRRA-164, PRASANTH NAGAR, ULLOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.B.KRISHNA MANI SRI.D.KESAVAN NAIR SMT.N.V.SANDHYA SRI.RAHUL VENUGOPAL
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION::
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1. THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 005.
2. THE DEPUTY COLLECTOR, COLLECTORATE, CIVIL STATION KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 005.
3. ARYA, T.C.6/35, PNRA 71-C,PRASANTH NAGAR, AAKKULAM WARD, CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM 695 011.
4. SHERIN, T.C.6/35, PNRA 17-CPRASANTH NAGAR, AAKKULAM WARD, CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM 695 011.
5. STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM 695 011.
R1, R2 & R4 BY GOVERNMENT PLEADER R3 & R4 BY ADVS. SRI.A.RAJASIMHAN
SRI.K.NIRMALAN SRI.C.M.PRADIP KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
ASHOK BHUSHAN, CJ
&
**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.A.No.2383 of 2015
Dated this the 12th day of February 2016
J U D G M E N T
Shaffique, J
This writ appeal is filed against the judgment dated 26/06/2015 in W.P.C.No. No.19324/2015. Writ petitioner is the appellant herein. The writ petition was filed challenging Ext.P4, by which the District Collector has sent an intimation to the Station House Officer, Medical College Police Station on 03/06/2015 to ensure that if there is any threat or illegality committed by the petitioner in the matter, the police shall render necessary protection to respondents 3 and 4. Petitioner contended that, in the absence of any threat or intimidation or any offence being committed by the petitioner, there was no reason for the District Collector to have issued such a direction. That apart, the District Collector does not have any power to direct the police to provide necessary protection to respondents 3 and 4.
W.A.No.2383/2015
2
W.A.No.2383/2015
3
the police will have to interfere in the matter. Merely for the reason that the police is patrolling the area by itself does not mean that the petitioner is put to harassment.
Under such circumstances, we do not find any error in the judgment of the learned Single Judge in dismissing the writ petition. Accordingly, this writ appeal is dismissed.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE)
(sd/-) (A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/12/02/16
2 issues framed by the court
Whether the High Court erred in dismissing the appeal against the Single Judge's order rejecting the writ petition challenging the protection order issued to respondents.
Whether the District Collector had the power to direct police protection based on a complaint regarding apprehension of threat.
Anilkumar S.
District Collector
Deputy Collector
Arya
Sherin
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
