Disposed

Babu v. State of Kerala

Kerala HC5 Apr 2022WP(C)/5826/2022

Case brief

AI extract

What is this about?

High Court considered a writ petition seeking protection from alleged illegal activities and threats by the petitioner's siblings. Court directed the police to provide protection if threats are apprehended, clarifying this does not cover civil disputes.

What did the court decide?

Direction to 6th respondent to provide protection to petitioner's life if he apprehends threat or faces assault from respondents.

Babu Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944

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WP(C) NO. 5826 OF 2022

PETITIONER:

BABU

AGED 62 YEARS

S/O VAMADEVAN, GEETHA BHAVAN, MUKKUNNOOR, VENJARAMMOODU POST, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT

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BY ADV J.JAYAKUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010

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3 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM , OFFICE OF THE DISTRICT POLICE CHIEF, PALAYAM, THIRUVANANTHAPURAM-695 033.

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4 THE DEPUTY SUPERINTENDENT OF POLICE ATTINGAL, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM-695 101

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5 THE CIRCLE INSPECTOR OF POLICE, VENJARAMMOODU POLICE STATION, VENJARAMMOODU, THIRUVANANTHAPURAM-695 606

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6 THE CIRCLE INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 101

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7 RAGINI OMANA,

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D/O VAMADEVAN, PUTHUPURACKAL VEEDU, VALIYAKADA,

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WP(C) NO. 5826 OF 2022

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	CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 101
8	VIVEKANANDAN, S/O VAMADEVAN, KIZHAKKEVILA, KODUMON, ATTINGAL, THIRUVANANTHAPURAM-695 101
9	SURESH, S/O VAMADEVAN, R.R.HOUSE, THINAVILA, KEEZHATTINGAL, THIRUVANANTHAPURAM-695 101
10	SATHEESH,
	S/O VAMADEVAN, PUTHUPURACKAL VEEDU, VALIYAKADA, CHIRAYANKEEZHU, THIRUVANANTHAPURAM -695 101

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OTHER PRESENT:

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SRI. T.K SHAJAHAN-SR.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5826 OF 2022

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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(i) issue a writ of mandamus or any other appropriate writ order of direction directing the respondents 2 to 6 to afford adequate and meaningful protection to the life and property of the petitioner and his family members from the illegal activities of respondents 7 to 10 and their men;

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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Though notice was taken out to respondents 7 to 10, there is no appearance for the said respondents.

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The contention of the petitioner is that the respondents

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7 to 10 who are the siblings of the petitioner are creating threat to the life of the petitioner and his peaceful existence. An interim order was passed on 22.02.2022 and it is submitted by the learned Government Pleader that there is no law and order situation prevalent at present.

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In the above view of the matter, there will be a direction, in case the petitioner apprehends any threat from respondents 7 to 10 or faces any attack or assault from the respondents, the

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WP(C) NO. 5826 OF 2022

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petitioner shall inform the 6^th respondent, who shall provide protection to the life of the petitioner. It is made clear that the protection for life granted by this Court will have no bearing on civil disputes, if any, between the parties.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 5826 OF 2022

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APPENDIX OF WP(C) 5826/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE TREATMENT CERTIFICATE DATED 13.2.2022 OF TALUK HOSPITAL, CHIRAYINKEEZHU ISSUED TO THE PETITIONER
Exhibit P2	TRUE COPY OF THE COMPLAINT DATED 15.2.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ITS POSTAL RECEIPT
Exhibit P3	TRUE COPY OF THE COMPLAINT DATED 15.2.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS POSTAL RECEIPT
Exhibit P4	TRUE COPY OF THE COMPLAINT DATED 15.2.2022 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P5	TRUE COPY OF THE COMPLAINT DATED 16.2.2022 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT
Exhibit P6	TRUE COPY OF THE MARRIAGE INVITATION CARD OF PETITIONERS SON BIJOY BABU
Exhibit P7	TRUE COPY OF THE RECEIPT DATED 16.2.2022 ISSUED BY THE 4TH RESPONDENT

Babu v. State of Kerala

Case brief

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Babu v. State of Kerala

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