High Court of KeralaWP(C)/13152/2015disposed of

Kesavan v. The District Police Chief

2015-04-28Honourable Mr.Justice A.M.Shaffique,Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 W.P.(C).No. 13152 of 2015 (T) --------------------------------------- PETITIONER:

----------------- KESAVAN, AGED 67 YEARS S/O. SANKARAN, CHARUVILA VEEDU, MENAPPARA KALLAMBALAM, THIRUVANANTHAPURAM 695 605 BY ADVS.SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENTS:

---------------------

1. THE DISTRICT POLICE CHIEF PATTOM, THIRUVANANTHAPURAM 695 004

2. THE CIRCLE INSPECTOR OF POLICE VARKALA 695 141

3. THE SUB INSPECTOR OF POLICE KALLAMBALAM 695 605

4. MOHANAN M.B. BHAVANAM, MUTHANAN PO, VARKALA 695 143

5. JOY @ SANKARAN CHARUVILA VEEDU, MENAPPARA, KALLAMBALAM THIRUVANANTHAPURAM 695 605 R BY ADDITIONAL DIRECTOR OF PROSECUTION SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13152 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

--------------------------------- EXT.P1: TRUE COPY OF THE COMPLAINT DATED 21.4.2015 SUBMITTED BY THE PETITIONER BEFORE STATE GOVERNMENT.

EXT.P2: TRUE COPY OF THE LETTER NO2681/PBI/2015/ROOTS DATED 17.4.2015 ISSUED BY THE NORKA TO THE CONSULATE. EXT.P3: TRUE COPY OF TRHE COMPLAINT DATED 25.4.2015 SUBMITTED BY THE PETITIONEER BEFORE THE 1ST RESPONDENT. EXT.P4: THE ENGLISH TRANSLATION OF EXT.P3.

RESPONDENTS' EXHIBITS:

---------------------------------- NIL.

// TRUE COPY // P.A. TO JUDGE

A.M. SHAFFIQUE & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.13152 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 28th day of April, 2014.

JUDGMENT

Shaffique, J.

Petitioner has approached this court alleging threat by respondents 4 and 5. It is submitted that the petitioner's son died while he was abroad and steps are being taken to bring his body.

2. Petitioner apprehends that death of his son was due to some extraneous reasons. He had already given complaints to various authorities. It is submitted that there is threat to the life of the petitioner by respondents 4 and 5.

3. Having regard to the nature of the order we intend to pass, no notice need be issued to respondents 4 and 5.

4. Learned State Attorney, on instruction, submits that post-postmortem is to be conducted today at Medical College Hospital, Thiruvananthapuram and thereafter the

W.P.(C)NO.13152 of 2015 : 2 :

body will be handed over to the petitioner. Further, it is submitted that there is no apprehension as contended by the petitioner.

5. Whatever that might be, having regard to the apprehension expressed by the petitioner, the police shall ensure maintenance of law and order in the matter relating to the receipt of the body of the deceased as also other ceremonies to be conducted in this regard.

Writ petition is disposed of.

A.M. SHAFFIQUE, JUDGE P.V.ASHA, JUDGE jes