IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Devarajan – Appellant
Versus
Station House Officer – Respondent
WP(C) NO. 42706 OF 2024
| Table of Content |
|---|
| 1. nature of dispute concerning underlying civil suits and threats. (Para 1 , 2) |
| 2. court oversight of interim protection orders in life-threatening scenarios. (Para 3 , 4 , 5 , 6 , 7) |
J U D G M E N T
The petitioner seeks police protection for the life of the petitioner and his family from all threats of respondents 2 to
5 and their henchmen.
2. The petitioner is the plaintiff in O.S.No.353 of
2024 of Munsiff Court, Attapadi. The said suit was filed for an injunction, restraining respondents 2 to 5 from trespassing into the property, causing damage thereon, and also from interfering with the peaceful possession of the said property by the petitioner. The learned Munsiff granted a temporary injunction initially, which according to the petitioner, still remains in force. However, despite the injunction, respondents 2 to 5 are threatening the petitioner inflicting danger to his life. Since the petitioner apprehends a serious threat to his life, he has approached this Court for appropriate relief.
3. I have heard the respective counsel for the parties including the learned Government Pleader.
4. When the writ petition came up for consideration on 02.12.2024, an interim order was granted to provide protection to the life of the petitioner. The said interim order has been in force all along.
5. Since the respondents have not filed any counter affidavit and the petitioner apprehends that there is a serious threat to his life, I am of the view that the interim order granted to the petitioner on 02.12.2024 can be made absolute.
6. The learned Government Pleader submitted that as and when any intimation regarding an imminent threat is informed, they are ready to provide necessary protection without interfering with the civil disputes between the parties.
7. Accordingly, there will be a direction to the 1st respondent to provide necessary protection to the life of the petitioner as and when, any written intimation is given regarding an imminent threat to the life of the petitioner. It is however clarified that the protection ordered as above, shall not extend to enforcing any civil rights regarding any civil disputes pending between the parties.
The writ petition is disposed of as above.
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