High Court at Ernakulam, sitting as a single judge, noted the petitioners' claim for police protection against threats. The learned counsel for petitioners submitted that no such threat currently exists and the cause of action in 2021 has ceased to subsist.
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 AMIT RAWAL
THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
WP(C) NO. 4556 OF 2020
PETITIONERS:
1MAMMEN MATHEW
AGED 54 YEARS
S/O. LATE REV A M MATHEW,
ANTHARIATH HOUSE,
RAILWAY STATION POST,
KUTTAPUZHA, THIRUVALLA 689 111
2 THOMAS P S, S/O. SAMUEL, PUTHENCHIRA HOUSE, THOTTUVATHALA, NEDUMAELY P.O, ALAPUZHA 688 5033 NINAN MATHEW CHERIAN, S/O. M CHERIAN, MANAKALAMPALLIL HOUSE, CHENGANOOR P.O, MALLAPALLY 689 3944 BONY JOHN, S/O. M C JOHN, MANAMEL HOUSE, NEERETTUPURAM P.O, THALAVADY 689 571BY ADVS.
THOMAS ABRAHAM
SRI.ANIL K.NAIR
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.R.ANANTHAPADMANABAN
SHRI.THAYYIB SHA P.S.
RESPONDENTS:
1 STATE POLICE CHIEF KERALA STATE , OFFICE OF THE STATE POLICE CHIEF, VELAYAMBALAM, THIRUVANANTHAPURAM 695 0102 DISTRICT POLICE CHIEF, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA 689 5453 DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA 689 101WP(C) NO. 4556 OF 2020
2
4 CIRCLE INSPECTOR OF POLICE, THIRUVALLA 689 1015 SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA 689 1016 SHAJI SAMUEL, S/O. SAMUEL, THACHAKALLIL PADI, THURUTHICADU P.O, PIN 689 5977 JOJI P RAJU, PARUVANICKAL HOUSE, GURUNATHANMANNU P.O, MUNDANPARA 689 6678 SHAJAN VARGHESE, PARUVANICKAL HOUSE, GURUNATHANMANNU P.O, MUNDANPARA 689 6679 JUSTIN MATHEW, S/O. P T MATHEW, PARUVANICKAL HOUSE, GURUNATHANMANNU P.O, MUNDANPARA 689 66710 JAIN GEORGE, CHIRAMUKKATH HOUSE, KONNI P.O, POOVANPARA 689 69111AJI JOY,
AGED 36 YEARS,S/O. JOYKUTTY,
MANGALATHU ELLUVILA, ,
CHAKKUVARAKKAL P.O, KOLLAM 691 508
12 ANIYANKUNJU JOY, AGED 40 YEARS S/O. JOYKUTTY, MANGALATHU ELLUVILA, CHAKKUVARAKKAL P.O, KOLLAM 691 50813 MONCY VARGHESE, ST. THOMAS EVANGELICAL CHURCH OF INDIA, KEESHILLAM CENTRE, PIN 683541WP(C) NO. 4556 OF 2020
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14 VARUGHESE SAMUEL, S/O. SAMUEL, THENGUVADAKATHI, POOVANPARA P.O, KONNI, 689 69115 KURIAN SAM, S/O. VARGHESE KURIEN, KANICHERIAL HOUSE, ANICADU P.O, MALLAPPALLY, PIN 689 58916 P T MATHEW, ST. THOMAS EVANGELICAL CHURCH OF INDIA, MANJADI , THIRUVALLA 689 10517ABRAHAM GEORGE,
S/O. A GEORGE, PRIEST, ST.
THOMAS EVANGELICAL CHURCH OF INDIA,
MANJADI, THIRUVALLA 689 105
18MATHEWS ABRAHAM,
PRIEST, PUTHUPPALLIL HOUSE, EDAYARANMULA P.O,
KOZHENCHERRY 689 532
19 K S THOMAS, PRIEST KAROTTUMARIYIL HOUSE, ONAKKOOR P.O, PAMPAKUDA, PIN 686 66720 DENNY MATHAI, S/O. N M MATHAI, NANATHARA MADATHIL, NIRANAM P.O, PIN 689 621BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
SRI.JUSTIN JACOB – SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 4556 OF 2020
4
JUDGMENT
reliefs:
and
“Issue urgent notice to respondents 6 to 20 by Special Messenger. The learned Government Pleader takes notice for others. The Police shall maintain Law and Order.
Post on 26.02.2020.”
WP(C) NO. 4556 OF 2020
5
concrete came out.
4. Learned counsel for the petitioners submits, at the
moment there is no such threat from the party respondents. In
this view of the matter, the cause action allegedly accrued in 2021 no longer subsists. Writ petition is ordered to be closed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 4556 OF 2020
6
APPENDIX OF WP(C) 4556/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF ACCIDENT REGISTER CUM
WOUND CERTIFICATE DATED 29-12-2019
ISSUED BY TALUK HOSPITAL THIRUVALLA
EXHIBIT P2TRUE COPY OF THE DISCHARGE SUMMERY
DATED 2-1-2020 ISSUED BY PUSHPAGIRI
MEDICAL COLLEGE HOSPITAL THIRUVALLA
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
20-1-2020
RESPONDENT EXHIBITS
EXHIBIT R17(a)TRUE COPYT OF THE COMPLAINT FILED BY
11TH RESPONDENT TO STATION HOUSE
OFFICER, THIRUVALLA DATED 30/12/2019
EXHIBIT R17(b)TRUE COPY OF THE COMPLAINT FILED BY
17TH RESPONDENT TO THE CIRCLE INSPECTOR
OF POLICE, THIRUVALLA
EXHIBIT R17(c)TRUE COPY OF THE LETTER DATED 21/1/2020
ISSUED TO THE PETITIONERS
1 issue framed by the court
Whether the writ petition filed for police protection should be allowed or closed given the counsel's submission that the threat no longer subsists.
1. Mammen Mathew etc.
1. State Police Chief Kerala etc.
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court