K. T Mahaboob Basha vs State Police Chief

P.V.Kunhikrishnan, J

This writ petition is filed with the following prayers:-

“A) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to grant adequate police protection to the life and limb of the petitioner and his family members against the threat of the respondents whereby the petitioner is being prevented from acting in terms of Ext.P2 order.

B) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 5 to 8 respondents not to harass the petitioner by summoning him to police station without any specific crime registered against the petitioner and notice being served in advance.

C) Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the vernacular documents produced in the vernacular language.

D) Grant such other reliefs, which are deemed fit and proper in the facts and circumstances of the case ” (SIC)

The petitioner is an Ex-Military officer retired from Indian Army. It is an admitted case of the petitioner that there exist boundary dispute between the petitioner and the party respondents. Several suits are pending before the Civil Court. The grievance of the petitioner is that there is threat to the life of the petitioner from respondent Nos.5 to 8.

Heard the learned counsel for the petitioner and the learned Government Pleader.

The learned Government Pleader, after getting instructions, submitted that there is no threat to the life of the petitioner from the party respondents and when there was an earlier incident, a case was registered against the petitioner and also against the party respondents. The Government Pleader assured that if there is any threat to the life of the petitioner and if any complaint is filed to that effect before the Police officer concerned, the Police officer will do the needful, in accordance with the law. If that is the case, no notice is necessary to respondent Nos. 5 to 8 also. If they are aggrieved by any of the directions issued in this judgment, they are free to file a review petition.

Therefore, this writ petition is disposed of with the following directions.

1) If there is any threat to the life of the petitioner from respondent Nos.5 to 8, the petitioner is free to file a complaint before the 3rd respondent and if such a complaint is received, the 3rd respondent will do the needful to protect the life of the petitioner and also the party respondents.

2) The 3rd respondent will also see that there is no law and order problem in the area.