Akhil Vinayak v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 30499 of 2015 (J) ---------------------------- PETITIONER :

---------------- AKHIL VINAYAK AGED 31 YEARS S/O.MADHU S.PANCIKER KUZHITHURA MURAYIL VALIYAVEETTIL, ALAPPAD VILLAGE KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENTS :

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

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

2. THE STATE POLICE CHIEF OFFICE OF THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

3. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE KOLLAM-691 001.

4. THE SUB INSPECTOR OF POLICE THEKKUMBHAGAM POLICE STATION KOLLAM DISTRICT-691 319.

5. KISHORE ANTONY S/O.KISHORE, KONAMVILA HOUSE PADINJATTE KURISSADIYIL VEEDU, SHAKTIKULANGARA P.O. KOLLAM DISTRICT-691 581.

6. KISHORE SHAJI S/O.KISHORE, PADINJATTE KURISSADIYIL VEEDU SHAKTIKULANGARA P.O., KOLLAM DISTRICT-691 581. R1 TO R4 BY STATE ATTORNEY, SRI.P. VIJAYARAGHAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30499 of 2015 (J) -------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 : TRUE COPY OF THE COMNPLAINT DATED 18/8/2015 SUBMITTED BEFORE THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION AND ACKNOWLEDGEMENT. EXT.P2 : TRUE COPY OF THE COMNPLAINT DATED 18/8/2015 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION AND ACKNOWLEDGEMENT. EXT.P3 : TRUE COPY OF THE COMNPLAINT DATED 18/8/2015 SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION AND ACKNOWLEDGEMENT. EXT.P4 : TRUE COPY OF THE FIR IN CRIME NO.905/2013 OF ANCHALUMOODU POLICE STATION, ALONG WITH TRANSLATION OF RELEVANT PORTION RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30499 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned State Attorney. No notice is being issued to respondent Nos.5 and 6 in view of the order which is being passed.

2. The petitioner has filed this writ petition seeking a direction for police protection from respondents 5 and 6. Petitioner's case is that the 5th respondent had certain business transaction with one of his friends - Rajin Haseem. Petitioner submits that he has nothing to do with the transaction. Though he tried to settle the financial dispute, it is submitted that now respondents 5 and 6 are threatening the petitioner to pay the money which was due from his friend - Rajin Haseem. It is submitted that the private respondents are also creating objection in carrying out some construction activity by the petitioner. It is submitted that petitioner has submitted Exts.P1 to P3 complaints before the police authorities.

WP(C) No. 30499 of 2015 -:2:-

3. Learned Government Pleader after obtaining instructions submitted that police after making enquiry came to know that there are no such threat to the petitioner so as to issue any direction for police protection.

4. After having heard learned counsel for the parties we are of the view that the writ petition can be disposed of with the observation that as and when any offence is committed or there is attempt to commit offence, it shall be open for the petitioner to file a complaint before the 4th respondent who may look into the same and take appropriate action. We however direct the 4th respondent to keep a vigil on the area in question. The Writ Petition is disposed of as above.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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