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2014 Supreme(Online)(KER) 20008
HIGH COURT OF KERALA
MANJULA CHELLUR, CJ, A.M.SHAFFIQUE, J
R M RAMACHANDRAN – Appellant
Versus
G V SREEDHARAN – Respondent
WRIT PETITION (CIVIL) 5326/2014
['GEORGE SEBASTIAN']
The court reaffirmed the obligation of law enforcement to protect the rights of disabled individuals, emphasizing the necessity for fair treatment in complaint investigations.
Headnote:
Disability - Visually Disabled Person - N/A - The court addressed the issue of a visually disabled individual facing harassment from neighbors, emphasizing the need for police to act on his complaints, thus ensuring that the rights of individuals with disabilities are upheld.
Fact of the Case:
The petitioner, a visually disabled individual, claimed harassment from neighbors linked to political affiliations after a dispute over tree branches. He alleged that the police did not respond to his complaints due to the respondents' influence.
Finding of the Court:
The court found that the petitioner had a history of conflicts with his neighbors and concluded that while he deserves protection as a disabled person, he must also refrain from creating unnecessary disputes.
Issues: Whether the police are obligated to investigate the complaints made by a visually disabled individual amidst conflicting reports of his behavior.
Ratio Decidendi: The court highlighted the duty of the police to address complaints of individuals with disabilities, regardless of other contextual factors, to ensure justice and protection.
Final Decision: The writ petition was disposed of with a direction for police to investigate the complaints of the petitioner.
J U D G M E N T
MANJULA CHELLUR,CJ Petitioner has approached this Court contending that party respondents are creating persistent problems to him in one way or the other. According to petitioner, he is a visually disabled person by 80%. His wife has divorced him and he is living alone as his son is pursuing his education at Bangalore. It is further contended, party respondents are active workers of a particular political party. Therefore, none of the complaints of the petitioner are enquired into by the police.
2. Learned Government Pleader, on instructions, submits, the entire issue arose on account of branches of a tree of the neighbour falling into the property of the petitioner at the time of cutting the tree by the neighbour.
W.P.C.No.5326/2014 2 Such issue was taken seriously by petitioner and lodged a complaint. Even when the branches were to be removed by neighbours, he agitated and created problems and he himself lodged complaints against party respondents. When police summoned neighbours of petitioner, it was revealed that petitioner was picking up quarrels with his neighbours. However, police advised party respondents not to trouble the petitioner as he is a physically disabled person.
Recording such submission of learned Government Pleader, we dispose of the writ petition directing the respondent police to enquire into the complaints lodged by petitioner and do the needful.
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