Kerala High Court
Sathyapalan vs Sumesh on 19 January, 2013
Author: K.M. Joseph
Bench: K.M.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 19TH DAY OF FEBRUARY 2013/30TH MAGHA 1934
WP(C).No. 2422 of 2013 (C)
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PETITIONER(S):
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SATHYAPALAN, AGED 63 YEARS,
S/O. KRISHNAN, KUZHIYATHU HOUSE, NEDUVARAMCODE P.O.,
ALLEPPEY DISTRICT, PIN-689 508.
BY ADV. SRI.SUSHANTH.J.
RESPONDENT(S):
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1. SUMESH, S/O. VASU, EDAYILAPARAMBIL HOUSE, NEDUVARAMCODE P.O.,
ALLEPPEY DISTRICT, PIN-689 508.
2. SURESH, S/O. VASU, EDAYILAPARAMBIL HOUSE, NEDUVARAMCODE P.O.,
ALLEPPEY DISTRICT, PIN-689 508.
3. MONI @ MANOJ, S/O.MOHANAN, PLAVILAMELETHIL VADAKKETHIL,
NEDUVARAMCODE P.O., ALLEPPEY DISTRICT, PIN-689 508.
4. SUMODH, S/O. SIVANKUTTY, VALIYAPARAMBIL HOUSE,
NEDUVARAMCODE P.O., ALLEPPEY DISTRICT, PIN-689 508.
5. SUGATHAN, S/O. KESAVAN, PLAVILAMELETHIL VADAKKETHIL,
NEDUVARAMCODE P.O., ALLEPPEY DISTRICT, PIN-689 508.
6. SHERIN, S/O. REJI, POOVAKATTU, NEDUVARAMCODE P.O.,
ALLEPPEY DISTRICT, PIN-689 508.
7. SUNIL,FATHER'S NAME NOT KNOWN,
PULIYICKAL, NEDUVARAMCODE P.O., ALLEPPEY DISTRICT- IN-689 508.
8. SUB INSPECTOR OF POLICE,
CHENGANNUR POLICE STATION, CHENGANNUR-689 121, ALLEPPEY.
9. SUPERINTENDENT OF POLICE,ALLEPPEY-688 001.
R8 & R9 BY SR.GOVERNMENT PLEADER SRI.MUHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-02-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
WPC.NO.2422/2013 C
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE DISCHARGE SLIP ISSUED BY THE TALUK
HEAQUARTERS HOSPITAL, CHENGANNUR.
EXHIBIT P2- TRUE COPY OF THE COMPLAINT DATED 19-1-2013 SUBMITTED TO THE
8TH RESPONDENT.
EXHIBIT P3- TRUE COPY OF THE COMPLAINT DATED 21-1-2013 SUBMITED TO THE
9TH RESPONDENT.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
K.M. JOSEPH & K. RAMAKRISHNAN, JJ.
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W.P.(C) No.2422 of 2013
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Dated this the 19th day of February, 2013
JUDGMENT
K.M. JOSEPH, J Petitioner approached this court seeking for the following reliefs:
"i) issue a writ of mandamus or any other writ or order commanding the 8th and 9th respondents to afford adequate and sufficient police protection to the petitioner and his family.
ii) issue a writ of mandamus or any other writ or order commanding the 8th and 9th respondents to take immediate action on Ext.P2 and P3 complaints submitted by the petitioner and enquire and register criminal cases against the respondents 1 to 7 and their henchmen."
2. Briefly stated, the case of the petitioner is as follows:
Petitioner is a senior citizen. The respondents are nearby residents and some them are also having criminal background. The petitioner had recently tapped rubber trees from nearby residence and the respondents 1 to 7 demanded `nokku coolie' from the petitioner. Petitioner refused to heed to their illegal demands. Since the petitioner does not heed to their illegal demands, they caused bodily harm to the petitioner and also damages to his car. They also threatened the petitioner that they would implicate the petitioner in false criminal cases. The above incident happened on 10.01.2013 at about 07.30 W.P.(C) No.2422 / 2013 2 p.m. After the above incident, some of the respondents constantly threatened the petitioner over telephone and also in person that they would not allow the petitioner to lead a peaceful life and they would kill him in case the petitioner proceeds with legal steps. Again on 17.01.2013, the respondents 1 to 7 came to the residence of the petitioner and manhandled him causing serious bodily hurts. The petitioner was admitted in the Government Hospital at about 03.30 p.m on 17.01.2013. Precious articles including gold ornaments and a watch are also found missing from his house after the incident. ExtP1 is the medical certificate. The petitioner is now living under serious threat to his life and property. Petitioner submitted Ext.P2 complaint to the 8th respondent. Since no action was taken by the 8th respondent, petitioner again made Ext.P3 complaint to the 9th respondent. No action has been still taken by the police authorities. Hence this writ petition for immediate police action and protection.
We have heard learned counsel for the petitioner, and learned Government Pleader. Though served notice, there is no appearance for the party respondents. So, we dispose the writ petition as follows:
If the petitioner complains to the 8th respondent of any threat to the petitioner's life from respondents 1 to 7, he will look into it and after making enquiries, if found that the threat is genuine, he will W.P.(C) No.2422 / 2013 3 afford adequate protection to the life of the petitioner as against respondents 1 to 7, as and when required. We further make it clear that the judgment will not stand in the way of the police, taking action on any complaint regarding any cognizable offence.
Sd/-
K.M. JOSEPH, (Judge) Sd/-
K.RAMAKRISHNAN, (Judge) // True Copy// P.A. To Judge ss