Kerala High Court
M.V.Somarajan vs The State Of Kerala on 4 October, 2016
Author: Antony Dominic
Bench: Antony Dominic, Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939
WP(C).No. 25927 of 2017 (M)
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PETITIONER :
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M.V.SOMARAJAN,
AGED 65 YEARS, S/O.VASUDEVAN,
AMBALATHUM VEETTIL, KUTTICHAL P.O.,
MANNOORKKARA VILLAGE, KATTAKKADA TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN-695574.
BY ADV. SMT.SANGEETHA LAKSHMANA
RESPONDENTS:
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1. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695004.
3. THE CIRCLE INSPECTOR OF POLICE,
ARYANAD POLICE CIRCLE,
THIRUVANANTHAPURAM DISTRICT-695001.
4. THE STATION HOUSE OFFICER,
NEYYAR DAM POLICE STATION,
THIRUVANANTHAPURAM-695001.
5. R.SUDARSHAN,
S/O.MUHAMMED KUNJU, MANTHIKULAM CHARUVILA VEEDU,
PARUTHIPPALLY P.O., MANNOORKARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695001.
BY SR.GOVERNMENT PLEADER SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25927 of 2017 (M)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE
HON'BLE CHIEF MINISTER OF KERALA.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE
MINISTER FOR WELFARE OF SCHEDULED CASTES AND SCHEDULES
TRIBES, KERALA.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 04.10.2016 FILED BEFORE THE
DISTRICT OFFICER SCHEDULED CASTES DEVELOPMENT DEPARTMENT
AND THE RECEIPT THEREUPON.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 20.05.2017 FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT AND THE RECEIPT
THEREUPON.
RESPONDENTS' EXHIBITS :- NIL.
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True copy
P.A. to Judge
ANTONY DOMINIC & ANU SIVARAMAN, JJ.
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W.P.(C)No.25927 of 2017
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Dated this the 11th day of August, 2017
JUDGMENT
Antony Dominic, J.
The writ petition has been filed seeking orders of police protection. According to the petitioner, he has made certain complaints against the 5th respondent and therefore the 5th respondent and his henchmen have now turned against him and have threatened not to allow him to live peacefully. He says that he has made complaints to various Authorities including the 4th respondent. Complaining that there has not been any action on the petitions filed, the writ petition is filed.
2. We heard the learned Counsel for the petitioner and the learned Government Pleader for respondents 1 to 4.
3. A writ of mandamus for police protection can be maintained only when a petitioner has made out a serious and imminent threat to his life and property and when he is able to prove that despite complaints made in that regard there has not been any action taken by the statutory authorities. In this writ petition apart from the vague allegations made by the petitioner, W.P.(C)No.25927/2017 ..2..
there is nothing before us to think that the petitioner has made out a case of there being imminent danger to his life and property.
In such circumstances, we are not persuaded to entertain this writ petition. The writ petition is dismissed.
Sd/-
ANTONY DOMINIC, JUDGE Sd/-
ANU SIVARAMAN, JUDGE skj