IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941
WP(C).No.7193 of 2018
PETITIONERS:
1
HAYANA SAHADEVAN
AGED 34 , D/O.SAHADEVAN, RESIDING AT SHIVAM
HOUSE,EDACHOVVA P.O., MELECHOVVA, KANNUR - 670 006.
2
VIVEK C
AGED 30, S/O.DEVADAS, CHANGOTH HOUSE,KALARIVATHUKAL,
VALAPATTANAM, KANNUR, PIN - 670 010.
3
RIJESH C
AGED 33, S/O.CHANDRAN C.K., CHIMMINIYAN HOUSE,KAKKAD
P.O., NEAR TC MUKK, KANNUR, PIN - 670005. (REMOVED
FROM PARTY ARRAY AS PER ORDER DATED 29/06/2018 IN IA
10465/2018 IN WPC)
BY ADVS.
SRI.P.DEEPAK
SRI.PIRAPPANCODE V.S.SUDHIR
SRI.SAYED MURTHALA THANGAL
RESPONDENTS:
1
THE STATION HOUSE OFFICER
KANNUR TOWN POLICE STATION, KANNUR - 670 642.
2
THE DISTRICT POLICE CHIEF
OFFICE OF THE SUPERINTENDENT OF POLICE,CIVIL STATION,
KANNUR - 670 002.
3
NAYEEM MOOSA AYITTANDY
S/O.MOOSA, AGED 43, KOOVAKANDY, PERINGADE, MAHE,PIN –
673312.
WP(C).No.7193 of 2018 2
4
SHAJI ARIPPACHINAKKANDI
AGED 34, S/O.BHASKARAN, JEMMI HOUSE,
ANAKKULAM,SOUTH BAZAAR, KANNUR, PIN - 670002.
5
RAJEESH T.K.
S/O.JAYARAJAN, AGED 38, SREESHOBHANAM,KUZHIPALLIL
HOUSE, KURUVA, KADALAI P.O.,PIN - 670007.
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.S.SREEKUMAR (SR.)
SRI.THOMAS P.KURUVILLA
SR.GP SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.08.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.7193 of 2018 3
Vinod Chandran, J
Read order dated 29.6.2018.
“Personal appearance dispensed
with.
2. We have talked to the first
petitioner, who has admitted that the
third petitioner had not signed the
Vakkalath or in the writ petition and
another person, who was working with
the first petitioner, was brought to the
office of the Advocate for the purpose
of signing as the third petitioner.
3. We also interacted with the
second petitioner, who submits that he
had gone to the office of the Advocate
and signed in the Vakkalath and in the
Writ Petition and the first petitioner
was present, but however, the third
petitioner was not present. First and
second petitioners shall file an
affidavit explaining the circumstances
in which this Writ Petition was filed,
within a period of one week.
4. In the circumstances of the
submissions made by the first and
second petitioners, we are of the
opinion that we need not interact with
WP(C).No.7193 of 2018 4
the third petitioner, and we allow the
petition (IA No.10465 of 2018) filed
by the third petitioner to remove him
from the party array.
List after one week as per roster.”
2. We are not happy with the manner in which the
writ petition was filed especially forging the signature of
one of the petitioners. The fraudulent act was noticed
when the 3rd respondent appeared and stated so, which
was confirmed by the 1st and 2nd petitioners. There was
an application filed for withdrawal by the 3rd respondent,
which was allowed. The writ petition itself was for
providing adequate police protection to the life of the
petitioners, who as of now are only 1st and 2nd
respondents. The apprehension of such threat is also
raised on the basis of certain allegations raised against
the 3rd respondent. We do not say anything on the
allegations raised which is now the subject matter of a
criminal case. But however, considering the fact that the
1st petitioner had admitted to have made another
person sign the vakkalath on behalf of the 3rd petitioner,
we are of the opinion that writ petition cannot be
WP(C).No.7193 of 2018 5
entertained. The Writ Petition is dismissed. No order on
costs.
K.VINOD CHANDRAN,
JUDGE
V.G.ARUN,
JUDGE
cms xxx
WP(C).No.7193 of 2018 6
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT-P1:
THE COPY OF THE FIR NO.1008/2017 OF
KANNUR TOWN POLICE STATION.
EXHIBIT-P2:
THE RECEIPT ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT ON RECEIVING THE
REPRESENTATION FILED BY THE
PETITIONERS DATED 08.02.2018.
EXHIBIT-P3:
THE COPY OF THE MESSAGE SENT TO THE
2ND PETITIONER BY THE 5TH RESPONDENT
MESSENGER APP.
RESPONDENTS EXTS
EXT R3(a) COPY OF OFFICER LETTER ISSUED BY THE DOOR SEC
SECURITY SERVICES LLC TO THE 1ST PETITIONER ON 21.6.2016.
cms /True copy/ P.S.to Judge
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