K.A. Pankajakshan v. State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942** ## **W.P.(C) No.33294 OF 2019(J)** ## **PETITIONER/S:** **K.A.PANKAJAKSHAN, AGED 81 YEARS, S/O. GOVINDAN, KURUMAKKAL, EDAMATTOM, PALA, KOTTAYAM DISTRICT.** **BY ADV. SRI.RAJESH SIVARAMANKUTTY** ## **RESPONDENT/S:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE HOME SECRETARY ,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN - 695 001.**| |**2**|**THE DEPUTY SUPERINTENDENT OF POLICE**| ||**OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,**| ||**PALA, PIN - 686 575,**| ||**KOTTAYAM DISTRICT.**| |**3**|**THE CIRCLE INSPECTOR OF POLICE**| ||**OFFICE OF THE CIRCLE INSPECTOR OF POLICE,**| ||**PALA POLICE STATION,**| ||**PALA, KOTTAYAM DISTRICT,**| ||**PIN - 686 575.**| |**4**|**PRIYA K. P.**| ||**D/O. PANKAJAKSHAN,**| ||**KURUMAKKAL,**| ||**EDAMATTOM,**| ||**PALA,**| ||**KOTTAYAM DISTRICT,**| ||**PIN - 686 006.**| |**5**|**PRAMOD**| ||**S/O. PANKAJAKSHAN,**| ||**KURUMAKKAL, EDAMATTOM,**| ||**PALA, KOTTAYAM DISTRICT,**| ||**PIN - 686 006.**| W.P.(C) No.33294 OF 2019(J) 2 **R1-R3 BY GOVERNMENT PLEADER R4-R5 BY ADV. SRI.K.R.AVINASH (KUNNATH) R4-R5 BY ADV. SRI.ABDUL RAOOF PALLIPATH** ## **OTHER PRESENT:** ## **SRI P.P.THAJUDHEEN - SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.33294 OF 2019(J) 3 ## **JUDGMENT** The petitioner, who is a Senior Citizen, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to provide adequate police protection to his life from any threat from the side of respondents 4 and 5, who are his children. The petitioner has also sought for writ of mandamus commanding respondents 2 and 3 to act on Ext.P1 complaint made by the petitioner, forthwith. 2. On 06.12.2019, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3. Notice by special messenger was ordered to respondents 4 and 5. 3. On 10.12.2019, when this writ petition came up for consideration, the matter was referred for mediation and both parties were directed to appear before the Mediation Sub Centre, Pala on 17.12.2019. Thereafter, by an order dated 23.11.2020, the parties were directed to appear before Mediation sub centre, Pala on 07.12.2020 at 11 a.m.. As per the report of the mediator, the mediaton failed. 4. A counter affidavit has been filed by respondents 4 and 5, raising serious allegations against the petitioner. The learned Government Pleader has filed a memo dated 28.07.2020, W.P.(C) No.33294 OF 2019(J) 4 producing therewith the report dated 28.07.2020 of the 2[nd] respondent Deputy Superintendent of Police. The learned Government Pleader has also filed a memo dated 11.11.2020, producing therewith the report of the 3rd respondent dated 09.11.2020, enclosing therewith the statement of the petitioner, which is recorded on 07.11.2020. 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 3 and also the learned counsel for respondents 4 and 5. 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 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. W.P.(C) No.33294 OF 2019(J) 5 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 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 W.P.(C) No.33294 OF 2019(J) 6 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. Though various allegations are raised in the writ petition, and also in the counter affidavit filed by respondents 4 and 5, who are none other than the children of the petitioner, this Court finds that a consideration of rival contentions is not necessary for a disposal of this writ petition, considering the nature of reliefs sought for, and since certain proceedings between the petitioner and the party respondents are pending before various forums. 10. During the course of arguments, the submissions made by the learned counsel for respondents 4 and 5 is that the said respondents have absolutely no objection in the petitioner residing in residential building bearing No.343 in Ward No.VII of Meenachil Grama Panchayat, which is jointly owned by the petitioner and respondents 4 and 5. Respondents 4 and 5 are also entitled to reside in that house, peacefully. 11. The learned counsel for the petitioner would submit that the only intention of the petitioner is to reside in the residential W.P.(C) No.33294 OF 2019(J) 7 building bearing No.343 in Ward No.VII of Meenachil Grama Panchayat, peacefully and he has absolutely no intention either to oust respondents 4 and 5, who are his children, or to cause any inconvenience to them. 12. The learned Senior Government Pleader, on instructions from respondents 2 and 3 would submit that the 3[rd] respondent Station House Officer shall take necessary steps to ensure that there is no law and order situation in the locality. In case of any threat to the life and property of the petitioner or respondents 4 and 5, if a proper complaint is made, the 3[rd] respondent shall render adequate police protection. Having considered the submissions made by the learned counsel on both sides, the writ petition is disposed of, with the following directions: In case there is any threat to the life and property of the petitioner or respondents 4 and 5, while residing in residential building bearing No.343 in Ward No.VII of Meenachil Grama Panchayat, they shall make a proper complaint before the 3[rd] respondent Station House Officer, in which event, the said respondent shall take appropriate action on that complaint, taking note of the W.P.(C) No.33294 OF 2019(J) 8 statutory provisions referred hereinbefore and the law laid down in the decisions referred to supra. **Sd/ANIL K. NARENDRAN JUDGE** MIN W.P.(C) No.33294 OF 2019(J) 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 14.11.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF EXHIBIT P-1 ISSUED FROM THE PALA POLICE STATION.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R4(A)** **TRUE COPY OF THE PETITION AS MC 36/2010 BEFORE THE JFCM COURT, PALA.** - **EXHIBIT R4(B)** - **TRUE COPY OF THE INTERIM ORDER DATED 22.6.10 IN MC 36/2010 DATED 22.6.10 OF THE JFCM COURT, PALA.** **EXHIBIT R4(C)** - **TRUE COPY OF THE PETITION BEFORE THE WOMEN'S COMMISSION, TRIVANDRUM DATED 16.6.2010.** - **EXHIBIT R4(D) TRUE COPY OF THE MEDIATION AGREEMENT DATED 16.8.2010 SIGNED BY THE PETITIONER AND 4TH RESPONDENT.** **EXHIBIT R4(E) TRUE COPY OF THE COMPLAINT DATED 21.3.2007 BEFORE THE MEENACHIL SNDP UNION.** - **ANNEXURE R3(A) THE REPORT OF THE 3RD RESPONDENT** **ANNEXURE R3(B) THE RECORDED STATEMENT OF THE PETITIONER**