Petitioners sought directions for police protection against respondent-associates due to alleged trespass and threats. Court noted investigation conclusion, recorded respondent undertakings, and disposed of petition with instructions to complain to police for future intimidation claims.
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.
WP(C) NO. 1211 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 1211 OF 2021
PETITIONER/S:
1 AYISHA T.K AGED 45 YEARS D/O.HAMEED KPP, RESIDING AT WHITE HOUSE, UDUMBANTHALA, UDUMBANTHALA PO, SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
2 MUHAMMED ASHIK T K AGED 24 YEARS S/O.AYISHA T K, RESIDING AT WHITE HOUSE, UDUMBANTHALA, UDUMBANTHALA PO, SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU
RESPONDENT/S:
3 SREEDHARAN @ PADMANABHAN, AGED 50 YEARS, RESIDING AT VALIYAKUTHIR, UDUMBANTHALA, UDUMBANTHALA PO, SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
4 PRADEEPAN, AGED 35 YEARS, RESIDING AT MADAKKAL, UDUMBANTHALA, UDUMBANTHALA PO SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
5 BALAN, AGED 60 YEARS, RESIDING AT VALIYAKUTHIR, NEAR RIZAI MASJID,
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UDUMBANTHALA, UDUMBANTHALA PO, SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
6 VIJAYAN AGED 60 YEARS RESIDING AT VALIYAKUTHIR, UDUMBANTHALA, UDUMBANTHALA PO, SOUTH THRIKKARIPUR, KASARGOD DISTRICT 671 311.
R1 & R2 BY GOVERNMENT PLEADER SRI.THAJUDEEN P P R3 TO R6 BY ADV.SRI.A.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st petitioner is the mother of the 2nd petitioner. They have approached this Court seeking appropriate directions to respondent Nos.1 and 2 to render sufficient police protection to the life of the petitioners from respondent Nos.3 to 6.
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Later, on 9.11.2020, the 2nd petitioner went to the police station and lodged a complaint based on which Crime No.998 of 2020 of the Chandera Police Station was registered inter alia under Sections 143, 147, 148, 452, 341, 323, 324, 506 read with Section 149 of the IPC. The petitioners state that though they are facing serious threats from the party respondents, the 2nd respondent is adopting a lackadaisical attitude. Instead of diligently investigating the crime, they have lodged a report before the police deleting Section 452 of the IPC. They contend that the 2nd respondent is providing shelter from penal action to the party respondents. In the said circumstances, they have lodged Exhibits-P5 to P8 representations before the higher Police officials. Their grievance is that no action is being taken. It is in the afore circumstances that the petitioners are before this Court seeking a direction to respondent Nos.1 and 2 to render effective protection to the life and property of the petitioners from respondent Nos.3 to 6 and their men.
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5. I have considered the submissions advanced.
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the respondents intimidate the petitioners or take law into their own hands, the petitioners shall lodge a complaint before the 2nd respondent, who shall
enquire into the genuineness of the assertions and take appropriate action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 1211 OF 2021 7
APPENDIX OF WP(C) 1211/2021
PETITIONER(S) EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE EMERGENCY TREATMENT REGISTRATION CARD ISSUED BY GENERAL HOSPITAL, ERNAKULAM |
|---|---|
| EXHIBIT P2 | TRUE COPY OF COMPLAINT DATED 7.11.2020 BEFORE THE 2ND RESPONDENT |
| EXHIBIT P3 | TRUE COPY OF THE FIR NO.998/2020 REGISTERED BY CHANDERA POLICE STATION ON 9.11.2020 |
| EXHIBIT P4 | TRUE COPY OF REPORT DATED 12.11.2020 |
| EXHIBIT P5 | TRUE COPY OF COMPLAINT DATED 22.11.2020 BEFORE THE FIRST RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF COMPLAINT/REPRESENTATION DATED 1.12.2020 BEFORE THE HON'BLE CHIEF MINISTER |
| EXHIBIT P7 | TRUE COPY OF COMPLAINT/REPRESENTATION DATED 1.12.2020 BEFORE THE DIRECTOR GENERAL OF POLICE |
| EXHIBIT P8 | TRUE COPY OF REPRESENTATION DATED 11.1.2021 BEFORE THE 2ND RESPONDENT |
RESPONDENT(S) EXHIBITS: NIL
1 issue framed by the court
Whether directions should be issued to police authorities to ensure protection against threats to life.
AYISHA T.K
MUHAMMED ASHIK T K
DISTRICT POLICE CHIEF, KASARGOD DISTRICT
STATION HOUSE OFFICER, CHANDERA POLICE STATION
SREEDHARAN @ PADMANABHAN
PRADEEPAN
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
