Vishnui Mangalath v. The State Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 10902 of 2015 (K) ---------------------------- PETITIONER(S):
-------------- 1.
VISHNU MANGALATH, SON OF CHANDRASEKHARAN PILLAI, MANGALATH HOUSE, THIRUMULLAVARAM, KOLLAM, KOLLAM.
2.
DR.HARI MANGALATH, SON OF CHANDRASEKHARAN PILLAI, MANGALATH HOUSE, THIRUMULLAVARAM, KOLLAM, KOLLAM.
BY ADVS.SRI.SOJAN MICHEAL SRI.NISHIL.P.S.
RESPONDENT(S):
-------------- 1.
THE STATE POLICE CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM PIN-695 001.
2.
THE INSPECTOR OF POLICE.
KOLLAM WEST POLICE STATION, KOLLAM, PIN: 691 012.
3.
THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM PIN: 691 012.
4.
ASHOK KUMAR, T.D.STORES, THIRUMULLAVARAM, KOLLAM-691 012.
5.
SIVASANKARAN PILLAI, MANJAVIL HOUSE, MANAYILKULANGARA, KOLLAM-691 012.
6.
SUNIL KUMAR, KRISHNA VILASAM, THIRUMULLAVARAM, KOLLAM-691 012.
7.
K.NALINI, PUTHUSSERIL HOUSE, THIRUMULLAVARAM, KOLLAM-691 012.
-2WP(C).No. 10902 of 2015 8.
KASTHURI KUMARI AMMA, LAKSHMI NIVAS, PUNNATHALA, KOLLAM-691 012.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10902 of 2015 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1: COPY OF REPRESENTATION DATED 28.3.2015. EXHIBIT P2: COPY OF REPRESENTATION DATED 31.3.2015 BEFORE THE FIRST RESPONDENT.
/TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.10902 of 2015 ---------------------------------------------- Dated this the 8th April, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioners, learned Government Pleader and learned counsel appearing for the private respondents.
2. By this Writ Petition the petitioners have prayed for a direction to respondents 1 to 3 to afford adequate and sufficient protection to the petitioners and their parents, from the threat caused by respondents 4 to 8. The petitioners' case is that the private respondents are making agitation before the house of the petitioners and they are remaining there from 31st March, 2015 and their wives and parents have also been assaulted.
3. The learned Government Pleader, after obtaining instruction, submitted that crimes have been registered against the petitioners' father as well as the mother for misappropriation of amount deposited by large number of
WP(C).10902/15 persons. Learned counsel for the private respondents submitted that a settlement was entered into with the petitioners' parents and they agreed to repay the amount, but the respondents only went there for the purpose of receiving the payment. He submitted that there is no obstruction created by the private respondents for the ingress or egress of the petitioners nor any criminal activities are being done by them and they are only peacefully agitating the matter. The learned Government Pleader further submitted that the Police authorities inspected the spot and ensured that there is no obstruction to the ingress and egress of the inmates of the house.
4. Learned counsel for the petitioners submitted that by the agitation, blockade and restrictions inside the house are being created by the private respondents.
5. After hearing the parties and on perusal of the records, we are of the view that no direction is needed as prayed for. We only observe that the Police authorities
WP(C).10902/15 shall ensure that there is free ingress and egress of the inmates of the petitioners' house. We further observe that it shall be open for the private respondents to take such measures permissible under law.
With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs8/4/15