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2021 Supreme(Online)(KER) 46805

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WP(C) NO. 14002 OF 2021 PETITIONER:

MUHAMMED KUNJU AGED 66 YEARS S/O. ABDUL RAHMAN KUNJU, KODAAKULANGARA PADEETTATHIL, MENAMBALLY MURI, CHAVARA VILLAGE, KOLLAM DISTRICT-691 583.

BY ADVS.

J.OM PRAKASH T.G.SUNIL (PRANAVAM)

C.X.ANTONY BENEDICT T.S.BHARATH KRISHNA EMMANUAL SANJU KURIAN ANTONY MATHEW S.PRAHALADAN RESPONDENTS:

1 THE DISTRICT POLICE CHIEF, KOLLAM, LINK ROAD, ASRAMAM, KOLLAM-691 001.

2 THE STATION HOUSE OFFICER CHAVARA POLICE STATION, CHAVARA, KOLLAM-691 583.

3 ABDUL HAKKIM AGED 42 YEARS S/O. KOYAKUTTY ASAN, KOLLANTETHEKKATHIL, KOTTUKAD WARD, MUKUNDAPURAM P.O., CHAVARA, KOLLAM, 680 783 (WORKING AS S.I. OF POLICE ERUMAPETTY POLICE STATION, THRISSUR)-680 584.

4 AZAAD AGED 29 YEARS S/O. MUHAMMED KUNJU, KODAAKULANGARA PADEETTATHIL, MENAMBALLY MURI, CHAVARA VILLAGE, NOW RESIDING AT DAARUL AMAN HOUSE, MANAYKKAD JUNCTION, VALLIKUNNAM VILLAGE-690 501, ALAPPUZHA DISTRICT.

BY ADV SHAJIN S.HAMEED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['J OM PRAKASH', '', 'T G SUNIL PRANAVAM', 'C X ANTONY BENEDICT', 'T S BHARATH KRISHNA', 'EMMANUAL SANJU', 'KURIAN ANTONY MATHEW', 'S PRAHALADAN', 'SHAJIN S HAMEED']

J U D G M E N T

The petitioner has approached this Court alleging that he is being subjected to constant threats and intimidation by respondents 3 and 4; and, therefore, that the 2nd respondent – Station House Officer, is enjoined to offer him adequate and effective protection for his life. 2. The petitioner alleges that even though he had approached the 2nd respondent through Ext.P3 complaint seeking protection, no action had been taken thereon, thus constraining him to have approached this Court through this writ petition.

3. The petitioner thus prays that the 2nd respondent be directed to ensure that his life is protected from respondents 3 and 4, particularly because there were earlier incidents when he had been assaulted by them.

4. I have heard Sri.T.G.Sunil – learned counsel for the petitioner; Sri.Shajin S.Hameed – learned counsel appearing for respondents 3 and 4 and the learned Government Pleader –

Sri.E.C.Bineesh, appearing for the official respondents.

5. Sri.Shajin S.Hameed submitted that the allegations in this writ petition are wholly untrue and that, as is evident from Ext.P2, there are disputes between the parties. He explained that the disputes are all in the civil and matrimonial realm, and that his clients are the brother- in-law and the son of the petitioner. He then added that his clients have not and do not intend to cause any threat, intimidation or violence against the petitioner and prayed that this Court dismiss this writ petition without any further orders.

6. The learned Government Pleader – Sri.E.C.Bineesh, submitted that, resultant to the interim order of this Court dated 14.07.2021, the Police have ensured that law and order has been maintained and that there has been no breach of peace by anyone. He thus prayed that this writ petition be ordered, confirming the said interim order.

7. When I consider the afore submissions and in particular that of Smt.Shajin S. Hameed, it is indubitable that it will not be necessary for this Court to enter into the dialectical contentions of the parties on their merits, since this Court is only concerned that the life of the petitioner is adequately protected. Since the party respondents say that they have no intention to cause any threat or intimidation to him, I deem it appropriate to allow this writ petition, confirming the interim order, as suggested by the learned Government Pleader.

In the afore circumstances, I allow this writ petition, confirming the interim order dated 14.07.2021; thus directing the 2nd respondent to ensure that the life of the petitioner is adequately and effectively protected from every threat or intimidation from any source.

Needless to say, respondents 3 and 4 are at full liberty to pursue any legal remedies that they may have initiated or intend to initiate against the petitioner, and it is clarified that my observations above will not trammel or prejudice such, in any manner whatsoever.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv/rp Spoken to on 17.09.2021:

This matter has been listed today for being spoken to at the request of Sri.Shajin S. Hameed - learned counsel appearing for the party respondents.

2. Sri.Shajin S. Hameed submitted that when this matter was considered yesterday, it was omitted to be brought to the notice of this Court that there are three criminal cases pending against the petitioner and that he had even attacked a Court Amin deputed from the Family Court. He submitted that his clients apprehend that the directions afore ordered in this judgment may have the unwitting effect of impeding the investigations.

3. I am afraid that the afore apprehension expressed by Sri.Shajin S. Hameed is without any basis because, in the judgment I have only allowed protection to the petitioner's life and nothing more. If there are crimes pending against him or he has committed actions which are contrary to law, certainly, necessary consequences will have to follow and he will not get any benefit merely because this

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