The Kerala High Court disposed of a Writ Petition seeking mandamus for police protection for the petitioner's life against alleged threats from his brother-in-laws while he resided in the family house.
Petitioner directed to approach 3rd respondent for police protection in case of any future threat; no order as to costs.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
WP(C).No.11427 OF 2020(C)
PETITIONER:
PRASANNA KUMAR, AGED 57 YEARS, S/O.BALAKRISHNAN NAIR, BHAVANA, KAROORKULANGARA, KALLUVATHUKKAL P.O., KALLUVATHUKKAL VILLAGE, KOLLAM-691578 (FROM KALLUVILA VEEDU, PAKALKURI, PALLICAKAL VILLAGE, THIRUVANANTHAPURAM-695604). BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-695014.
2 THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM-691001.
4 SMT.BEENA, AGED 46 YEARS, D/O.RAVEENDRA PANICKER, BEENA BHAVAN, KALLUVATHUKKAL P.O., VARINJATHU CHERRY, KALLUVATHUKKAL VILLAGE, KOLLAM-691578.
5 SRI.BINU, AGED 45 YEARS, S/O.RAVEENDRA PANICKER, BEENA BHAVAN, KALLUVATHUKKAL P.O., VARINJATHU CHERRY, KALLUVATHUKKAL VILLAGE, KOLLAM-691578.
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6 SRI.BIJOY, AGED 43 YEARS, S/O.RAVEENDRA PANICKER, BEENA BHAVAN, KALLUVATHUKKAL P.O., VARINJATHU CHERRY, KALLUVATHUKKAL VILLAGE, KOLLAM-691578.
R4-R6 BY ADV. SRI.M.R.SARIN
OTHER PRESENT:
SRI P.P.THAJUDEEN- SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner and the 4th respondent are husband and wife. Respondents 5 and 6 are the brother-in-laws of the petitioner. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to afford adequate and effective police protection for the life of the petitioner to peacefully reside in the family house in Sy.No.8343/2 of Kalluvathukkal Village against any threat from the side of respondents 4 to 6 and their men. The petitioner has also sought for a declaration that he is entitled to get police protection for his life, from respondents 1 to 3, to peacefully reside in the family house, against any threat from respondents 4 to 6 and their men.
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against the 4th respondent for recovery of gold ornament s, money
and the amount utilised for purchasing the establishment, G.Tech. Alleging that respondents 4 to 6 and their men are causing threat to the life of the petitioner, he filed Ext.P3 representation dated 27.05.2020 before the 3rd respondent Station House Officer and thereafter, moved this writ petition seeking various reliefs.
file and posted the matter to 14.07.2020 for the counter affidavit of the respondents. This Court granted an interim order as prayed for, i.e., an order directing respondents 1 to 3 to afford adequate and effective Police Protection to the life of the petitioner against the threat of respondents 4 to 6 and their men, till 14.07.2020 and the learned Senior Government Pleader was directed to communicate the gist of the order to the police authorities for immediate action. The said interim order, which was extended from time to time, is still in force.
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adequate and effective Police Protection.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by recording the stand taken by respondents 4 to 6 that they have absolutely no intention to cause any threat to the life of the petitioner. In case of any threat to the life of the petitioner from respondents 4 to 6 and their men, the petitioner shall approach the 3rd respondent Station House Officer for Police Protection, in which event the 3rd respondent shall take necessary action to protect the life of the petitioner from any such threat.
No order as to costs.
Sd/- ANIL K. NARENDRAN JUDGE
MIN
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OP NO.459/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM AGAINST THE 4TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE PLAINT IN OP NO.460/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM AGAINST THE 4TH RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.05.2020 AND ITS ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS'S/S EXHIBITS:
EXHIBIT R4(1) THE TRUE COPY OF THE PETITION FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT ON 16.05.2020.
EXHIBIT R4(2)
THE TRUE COPY OF THE O.P.(HMA) NO.446/2020 BEFORE THE FAMILY COURT, KOLLAM FILED BY THE 4TH RESPONDENT.
1 issue framed by the court
Whether the petitioner is entitled to police protection against threats from respondents 4 to 6 and their men.
2 provisions across 2 enactments
Prasanna Kumar
The State Police Chief
The City Police Commissioner, Kollam
The Station House Officer, Paripally
Beena
Binu
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
