High CourtsSingle Bench(2021) 06 KL CK 0428

Bobby Zacharia vs Circle Inspector Of Police Santhanpara, Idukki, Pin-685619

High Court Of Kerala · Decided on 28 June 2021

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.4525 Of 2020

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Judgment

21 paragraphs · 375 words

P.V.Kunhikrishnan, J

1.

The above writ petition is filed with the following prayers :

a) A writ of mandamus or any other appropriate writ or order directing the 1st respondent to provide adequate and necessary protection to the petitioner's

person and property from any overt act on the part of the 2nd respondent and his supporters.

b) Hold that the 2nd respondent has no right to threaten the petitioner or to interfere with the enjoyment of the properties in the petitioner's possession and

occupation.

c) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.â€​

2.

When this writ petition came up for consideration on 18.2.2020, this Court passed the following order :

“Issue notice to 2nd respondent by special messenger.

There shall be an interim direction to the Police to act upon the Ext. P4 complaint and accord necessary protection to the life and property of the petitioner, if so

warranted. Post on 26.02.2020.â€​

3.

Now, the counsel for the petitioner submitted that after retaining the above order, this writ petition can be closed. The counsel for the 2nd

respondent submitted that the allegations in the writ petition are not correct and there is no threat from his side towards the petitioner. The

Government Pleader submitted that 3 crimes are registered in connection with the dispute between the petitioner and the 2nd respondent.

4.

In the light of the above submissions, I think this writ petition can be disposed, retaining the interim order. There can be a direction to the petitioner

to approach the local police, if there is any threat to his life. As far as the civil dispute is concerned, the parties can approach the appropriate court for

their relief. Hence, this writ petition is disposed, after retaining the interim order in the following manner.

1) If there is any threat to the life of the petitioner, the petitioner is free to approach the Station House Officer concerned.

2) If such a representation is received, the Station House Officer concerned will do the needful, in accordance to law and as per the directions in the interim

order.

3) All other contentions of the petitioner and the contesting respondent are left open.