Mohan Sankar v. Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 ---------------------------- PETITIONER :

--------------------- MOHAN SANKAR, AGED 56 YEARS, S/O.NARAYANAN, VAIKKATTIL HOUSE, VADANAPPILLY THRISSUR DISTRICT.

BY SENIOR ADVOCATE SRI.RENJITH THAMPAN BY ADVS. SMT.P.R.REENA RESPONDENT(S) :

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

1. SUPERINTENDENT OF POLICE (RURAL) AYYANTHOLE, THRISSUR, PIN - 680 003.

2. CIRCLE INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR, PIN - 680 567.

3. SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION, THRISSUR DISTRICT PIN - 680 614.

4. ANILKUMAR, KARINGATTICHIRA HOUSE, VADANAPPILLY, THRISSUR DISTRICT, PIN - 680 614.

5. AYYAPPAN, S/O.KRISHNAN, PARAKKAL HOUSE, VADANAPPILLY, THRISSUR DISTRICT, PIN - 680 614.

6. RAMAKRISHNAN S/O. VELAPPAN, PARAKKAL HOUSE VADANAPPILLY, THRISSUR DISTRICT, PIN - 680 614.

7. SURENDRAN S/O. APPUKUTTAN CHERKKARA THADIYAN VEETIL HOUSE VADANAPPILLY, THRISSUR DISTRICT, PIN - 680 614. R1 TO R3 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR R4 TO R7 BY ADV. SRI.R.SREEHARI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE WEST FORT HOSPITAL DATED 22.7.2013.

EXT.P2 COPY OF THE FIR IN CR. NO. 1146/2013 DATED 11.7.13 OF VADANAPPALLY POLICE STATION.

EXT.P3 COPY OF THE ORDER IN IA NO. 1645/2008 IN IA NO. 1031/2004 IN OS NO. 300/2004 DATED 21.6.2008 OF THE MUNSIFF COURT, CHAVAKKAD. EXT.P4 COPY OF THE ORDER IN IA NO. 1180/2008 IN IA NO. 1031/2004 IN OS NO. 300/2004 DATED 21.6.2008 OF THE MUNSIFF COURT, CHAVAKKAD. EXT.P5 COPY OF THE JUDGMENT IN WP(C) NO. 36156/2010 DATED 21.12.2010 OF THIS HON'BLE COURT.

EXT.P6 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE ON 23.11.2012.

EXT.P7 COPY OF THE LETTER DATED 23.11.2012 ISSUED BY THE PETITIONER TO SUB INSEPCTOR OF POLICE.

EXT.P7(a) COPY OF THE NEWSPAPER REPORT PUBLISHED IN DESABHIMANI DAILY ON 6.4.2012.

EXT.P8 COPY OF THE FIR IN CR NO. 331/12 OF VADANAPPILLY POLICE STATION DATED 5.4.2012.

EXT.P9 COPY OF THE NEWSPAPER REPORT PUBLISHED ON 8/4/12 IN DESHABHIMANI DAILY.

EXT.P10 COPY OF THE REPRESENTATION DATED 19.12.2012 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE. EXT.P11 COPY OF THE JUDGMENT IN WP(C) NO. 8244/2013 DATED 26.3.2013. (Contd...)

EXT.P12 COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY ON 12.7.2013.

EXT.P13 COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3 DATED 12.7.2013.

EXT.P14 NIL EXT.P15 COPY OF THE COMPLAINT DATED 27.11.2013 FILED BY THE PETITIONER BEFORE THE POLICE.

EXT.P16 COPY OF THE COMMISSION REPORT IN OS NO. 300/04 OF CHAVAKKAD MUNSIFF COURT DATED 3.5.2008.

RESPONDENT'S EXHIBITS :

EXT.R4(a) : COPY OF JUDGMENT IN WP(C) NO. 19790/2010 DT. 30-6-2010 OF THIS HON'BLE COURT.

EXT.R4(b) COPY OF ORDER PASSED IN T O P NO. 281/2008 OF THE DISTRICT COURT, THRISSUR DT. 12-1-2009.

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

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.18684 of 2013 ---------------------------------------- Dated this the 24th day of November 2015

J U D G M E N T

Shaffique, J This writ petition has been filed seeking police protection inter alia alleging that there has been threat and intimidation from respondents 4 to 7. Though the petitioner had filed complaints before the police, no action had been taken by the police to provide police protection and therefore he has approached this Court.

2.

An interim order has been passed by this Court on 26/07/2013 directing the police to provide adequate protection to the petitioner.

3.

Learned counsel appearing for respondents 4 to 7 submits that they have not indulged in any such illegal activities, as alleged. That apart, a suit is pending between the parties in regard to the right to property.

4.

Learned Government Pleader also submits that no untoward incident has been reported during the pendency of the writ petition.

W.P.C.No.18684/2013 Facts being so, we do not think that there is any reason to keep the above writ petition pending. Hence, we close this writ petition with liberty to the petitioner to approach the police, if there is any further cause of action arises.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/24/11/2015