K. Sreedharan Thampi v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** ## **WP(C).No.369 OF 2021(U)** ## **PETITIONER:** **MR. K. SREEDHARAN THAMPI AGED 67 YEARS S/O. LATE KUNJUKRISHNA PILLAI, RESIDING AT ARAMANA VEEDU, MANIYATH LANE, MUDAVANMUGAL, POOJAPPURA P. O, TRIVANDRUM - 695 012. BY ADV. SRI. B.THARIF** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| ||**HOME DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE DISTRICT POLICE CHIEF,**| ||**VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM, KERALA - 695 014.**| |**3**|**THE STATION HOUSE OFFICER,**| ||**VANCHIYOOR POLICE STATION,**| ||**VANCHIYOOR,**| ||**THIRUVANANTHAPURAM - 695 035.**| |**4**|**VENU GOPAL (VENU),**| ||**AGED 49 YEARS**| ||**S/O. CHELLAPPAN T.C. 7/33(1),**| ||**KARITHODU LANE, KANJIRAMPARA,**| ||**SASTHAMANGALAM, P.O.**| ||**THIRUVANANTHAPURAM - 695 010.**| ||**R1 - R3, SRI. SUNIL NATH N.B - GOVERNMENT PLEADER**| ||**R4 - SRI. R. B. BALACHANDRAN**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.369 OF 2021 2 ## **JUDGMENT** The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 3[rd] respondent Station House Officer, Vanchiyoor Police Station to provide adequate police protection to the life of the petitioner, from the side of the 4[th] respondent and his men. Going by the averments in the writ petition, the petitioner purchased an office room in Maharani Building, Vanchiyoor, Thiruvananthapuram. The 4[th] respondent, who is illegally holding some portions of Maharani building, attacked the petitioner, in order to evict him from the office room. The document marked as Ext.P1 is a copy of the news report that appeared in Mathrubhumi daily dated 17.09.2020, as per which the 4[th] respondent is a person with criminal antecedents. On account of threat from the side of the 4[th] respondent, the petitioner submitted Ext.P2 complaint dated 26.06.2020 before the 3[rd] respondent Station House Officer, seeking police protection. The petitioner submitted Ext.P3 representation dated 21.11.2020 before the City Police Commissioner, Thiruvananthapuram and thereafter, moved this writ petition before this Court, seeking the aforesaid relief. 2. On 07.01.2021, when this writ petition came up for W.P(C).No.369 OF 2021 3 ## admission, this Court passed the following order:- “Going by the averments in the writ petition, the petitioner is seeking police protection for life alleging threat from the side of the 4[th] respondent. Though the relief sought for in this writ petition is not properly worded, considering the fact that the petitioner is a senior citizen aged 67 years, this Court deem it appropriate to issue notice on admission to the respondents. The learned Government Pleader takes notice on admission for respondents 1 to 3. Issue urgent notice on admission by speed post to the 4[th] respondent returnable within ten days. The learned Government Pleader to get instructions from the 3[rd] respondent and file a statement. The 3[rd] respondent shall ensure that there is no threat to the law and order in the locality, at the instance of the 4[th] respondent or his supporters.” 3. Along with the memo filed by the learned Senior Government Pleader dated 18.01.2021, the report of the 3[rd] respondent Station House Officer is placed on record. The said report reads thus:- "It is humbly submitted that on 26.06.2020 the petitioner filed a petition against 4[th ] respondent Venugopal and Adv. Kuttani Sudheer alleging that they threating the petitioner and also committed mischief by damaging his office room and it is registered as No. 101/Dptn/2020/C-5. After receiving the petition both parties were summoned at the Police Station to know about the actual facts behind the petition matter by Sub Inspector Shri. Umesh.M because there is Civil cases existing W.P(C).No.369 OF 2021 4 in connection with the issues as OS.225/2020. But the petitioner none cooperative to any further legal proceedings. As one of the respondent is an advocate, both the parties told that they will take decision in this matter after consulting Bar Association. After that the petitioner filed another petition before the Commissioner of Police, Thiruvananthapuram. The same Petition received on 02.07.2020 at Police station from the office and it is registered as No.195/IDPtn/2020/CS. On 09.01.2021 the petitioner came to the Police Station and said that he is residing at Parasala, after the incident and he was not able to travel a long distance for further proceeding in his petition because to abide the covid protocol as being a senior citizen. The very same day at 15.55 Hrs his statement recorded in connection with the petition matter by ASI Suresh Kumar and a crime case registered as No.26/2021 u/s 294(b), 341, 427, 506(i) IPC, and the same is being investigated by Sub Inspector Shri. Justin Moses. It is humbly submitted that as pet the crime records of District Crime Records bureau, Thiruvananthapuram city it is revealed that 4[th ] respondent involved around 12 crime cases in various police stations of Thiruvananthapuram, City. It is humbly submitted that the Police will be obliged to take any further recourse over this matter upon further directions and instructions from this Hon'ble, Court. " 4. The 4[th] respondent has filed counter affidavit, opposing the relief sought for in this writ petition, producing therewith Ext.R4(a) sale deed bearing No.2987/2019 dated 31.10.2019 of the Sub Registrar Office, Vanchiyoor, as per which his son, Amal W.P(C).No.369 OF 2021 5 Gopal, is the owner of Room No.VIII-H-1 in Maharani Building, Vanchiyoor. The 4[th] respondent is residing with his wife and children, about 5km away from the said building. The petitioner had entered into an agreement with one Sarojiniamma for purchasing a single bedroom apartment having a plinth area of 534 Sq.ft. on the 5[th] floor of Maharani Building. The petitioner has filed O.S.No.225 of 2020 before the Principal Munsiff's Court, Thiruvananthapuram against the said Sarojiniamma for recovery of money and the same is pending consideration. Under the belief that Sarojiniamma declined to execute sale deed in favour of the petitioner, at the instigation of the 4[th] respondent, the petitioner started harassing the 4[th] respondent by using filthy language. Thereafter, the petitioner preferred Exts.P2 and P3 complaints, raising false allegations against the 4[th] respondent. 5. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned counsel for the 4[th] respondent. 6. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of W.P(C).No.369 OF 2021 6 the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 7. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the W.P(C).No.369 OF 2021 7 accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 8. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 9. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that, based on the complaint made by the petitioner on 09.01.2021, Crime No.26/2021 of Vanchiyoor Police Station has already been registered, alleging offence under Sections 294(b), 341, 427 and 506(i) of the Indian Penal Code, which is under investigation. As per the report of the 3[rd] respondent Station House Officer, the 4[th] respondent is involved in around 12 crimes in various police stations within W.P(C).No.369 OF 2021 8 Thiruvananthapuram city. In so far as the petitioner's claim over the office room/one bed apartment in the 5[th] floor of Maharani Building is concerned, he has already filed O.S.No.225 of 2020 before the Principal Munsiff's Court, Thiruvananthapuram against one Sarojiniamma, which is pending consideration. 10. In such circumstances, this writ petition is disposed of with the following directions. (i) In case there is any threat to law and order in the locality, in connection with any dispute between the petitioner and the 4[th] respondent, the petitioner shall approach the 3[rd] respondent Station House Officer with a request for police protection. (ii) In case any such request for Police protection is made by the petitioner, the 3[rd] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. No order as to cost. Sd/- **ANIL K. NARENDRAN JUDGE** SPR W.P(C).No.369 OF 2021 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE NEWS PAPER REPORT IN MATHRUBHUMI DAILY DATED 17.09.2020.** **EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 26.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 21.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER THIRUVANANTHAPURAM.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OF THE SALE DEED NO.2987 OF 2019 DATED 31.10.2019. EXHIBIT R4(b) TRUE COPY OF THE PLAINT DATED 24.01.2020 IN O.S NO.225 OF 2020 PENDING BEFORE THE MUNSIFF COURT, TRIVANDRUM.**