Antony Jaison K.J v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 98 of 2015 (J) ------------------------- PETITIONER :

---------------- ANTONY JAISON K.J., AGED 30 YEARS S/O.JOSEPH, KONAMKODATHU, VALLARPADOM P.O., KOCHI 682 504.

BY ADVS.SRI.SAM ISAAC POTHIYIL SRI.A.S.SREEJAN RESPONDENTS :

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

2. COMMISSIONER OF POLICE, COCHIN CITY-682 001.

3. THE STATION HOUSE OFFICER, MULAVUKAD POLICE STATION, MULAVUKAD, ERNAKULAM-682 504.

4. P.P.VARGHESE @ P.P.GEORGE PUTHENPURAKKAL, VALLARPADOM P.O., KOCHI-682 504. R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 98 of 2015 (J) ----------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1. COPY OF THE ORDER DATED 31.10.13 OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI.

EXHIBIT P1(A).COPY OF ENGLISH TRANSLATION OF EXHIBIT P1. RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 98 of 2015 ---------------------------------------------- Dated this the 6th January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the fourth respondent in view of the order, which is being passed.

2. The petitioner has prayed for a direction to respondents 1 to 3 to provide adequate protection to the life of the petitioner and his family members. The learned Government Pleader has referred to paragraph 4 of the Writ Petition, which is to the following effect: "4. There were attempts against the petitioner's life in which petitioner escaped narrowly and he is presently in a dilemma to whom he can resort for the safety of his life and property since the 4th respondent is doing such atrocities with the tacit support of 3rd respondent. In the said circumstances, with the hope of appropriate action,

WP(C).98/15 petitioner submitted a representation before the Hon'ble Home Minister, but there is no response till date. Since the petitioner is not getting any protection to his life and property from the authorities who are duty bound to afford the same to every citizen like the petitioner, he is left with no other alternative than to resort to the judiciary for getting his grievances redressed."

3. The petitioner having not yet made any complaint to the Police authorities, no direction can be issued as prayed for. We only observe that in the event any offence is committed or attempt to commit offence against the petitioner, it shall be open for the petitioner to submit appropriate complaint before the Police authorities. With the above observation, the Writ Petition is closed.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs6/1/15