Naveen Baidynath Yadav vs State Of Kerala

P.V.Kunhikrishnan

This writ petition is filed with the following prayers:-

“A) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondent No. 1 to 3 to provide effective and adequate police protection to the petitioner’s life and property against the threat and intimidation of the fourth respondent and his henchmen while petitioner, his relatives and workmen enter into the landed property of the petitioner in Survey No.94/8-2 in block No.9, situated at ValiyapparambuDesom in Pulikkal Village, Malappuram District and conducting agricultural activities as well as taking yield from the said propertyand carry out other works.

B) Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition

C) Issue such other writ, order or direction which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.”

(SIC)

The main prayer in this writ petition is to issue directions to respondent Nos. 1 to 3 to provide effective and adequate police protection to the petitioner’s life and property against the threat and intimidation of the fourth respondent and his henchmen for entering into the landed property of the petitioner in Survey No.94/8-2 in block No.9, situated at Valiyapparambu Desom in Pulikkal Village, Malappuram District.

Heard the counsel for the petitioner and the learned Government Pleader. No notice is necessary to the respondent No.4 at this stage and if respondent No.4 is aggrieved by any of the directions issued by this Court, the respondent No.4 is free to file a review petition before this Court.

The main prayer in this writ petition is for getting police protection to enter into the property of the petitioner. This Court cannot grant police protection for the same. The petitioner has to approach the competent civil court for redressing his grievance. Admittedly, the sister of the petitioner already approached the competent civil court and obtained an injunction order. The grievance of the petitioner is that, that order is violated. Then the remedy of the petitioner is not to file a writ petition under Article 226 of the Constitution of the India. If any order is passed by the civil court and the same is violated, there are remedies in the civil procedure code. But, if there is any threat of the life of the petitioner from the 4th respondent, it is the duty of the police to see that the life of the petitioner is protected.

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

I) If there is any threat of the life of the petitioner from the 4th respondent, the petitioner is free to submit a complaint before the 3rd respondent and if such a complaint is received, the 3rd respondent will see that the life of the petitioner is protected from the 4th respondent.

II) All other contentions of the petitioner raised in this writ petition are left open and the petitioner is free to agitate the same before the competent civil court.