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2026 Supreme(Online)(Ker) 28718

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
Rahmath – Appellant
Versus
The Station House Officer Punnapra Police Station – Respondent
WP(C) NO. 15120 OF 2026



Advocates:
For the Appellants/Petitioners: Shri.B.Pramod, Shri.Athul M.V., Smt.Sobha Kumary K., Smt.Sandra S. Koshy
For the Respondents: Smt. Deepa V., Government Pleader

Police duty-bound to provide adequate protection for life and liberty under Articles 19 and 21 amid property dispute threats.

Headnote:The petitioner invoked Article 226 seeking mandamus for police protection against threats from party respondents amid property disputes, supported by site approval (Ext. P3) and building plan (Ext. P4). Court found imminent danger to life and liberty under Articles 19 and 21, noting police's duty despite prior complaint. Issues centered on adequacy of police response to threats from influential respondents. Ratio: State obligated to protect fundamental rights; police must ensure effective protection without delay. Writ petition disposed with direction for necessary, adequate, and effective police protection to petitioner.

Table of Content
1. petitioner's plea for police protection amid property threats. (Para 1 , 2 , 7)
2. government assures citizen protection under constitution. (Para 3)
3. police duty to safeguard articles 19 and 21 rights. (Para 5 , 6)
4. direct adequate police protection to petitioner. (Para 8)

JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

(i) “Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to afford adequate police protection to the petitioner from the threat of physical violence on the part of respondents 3 to 10 and meant under them for constructing the boundary wall in turns of Ext. P3 permits and Ext. P4 plan.”

2. The learned counsel for the petitioner submitted that there are serious threats and imminent danger to the life, liberty and property of the petitioner. The petitioner and the party respondents are in inimical terms due to some property disputes. The learned counsel further submitted that the party respondent Nos. 3 to 10 are highly influential and they would take the law into their hands. Therefore, the learned counsel for the petitioner submitted that, if necessary and adequate police protection is not granted, the life, liberty and property of the petitioner would be in peril.

3. In response, the learned Government Pleader would submit that the committed Police Officials of the State would do the needful for the protection of life and liberty of the citizens guaranteed under Part III of the Constitution of India.

4. Heard.

5. Having regard to the reliefs sought in this Writ petition, notice to the party respondent Nos. 3 to 10 is dispensed with.

6. I have carefully considered the submissions advanced and perused the records. The right to life and liberty of the individuals are to be protected by the law enforcing agency with utmost care and caution. The Police is duty bound to protect the fundamental rights guaranteed under Article 19 and 21 of the Constitution of India.

7. According to the learned counsel for the petitioner, despite the filing of the complaint seeking the Police Protection, there is no positive response from the Police Officials.

8. Considering the facts and circumstances of this case, I am of the view that, this Writ Petition can be disposed of with a direction to the official respondent to ensure necessary, adequate and effective Police Protection to the petitioner.

The Writ Petition is disposed of.

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