Krishna Vigneswara Sankunni.K S/o Appukutti Tharakan v. District Police Chief Palakkad & Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942** **W.P.(C) No.17113 OF 2020(L)** ## **PETITIONER/S:** **KRISHNA VIGNESWARA SANKUNNI.K S/O.APPUKUTTY THARAKAN,KALATHIL HOUSE, KUTTANASSERY.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT.** **BY ADVS. SRI.P.JAYARAM SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.V.BALAKRISHNA IYER (SR.)** ## **RESPONDENT/S:** - **1 THE DISTRICT POLICE CHIEF PALAKKAD-678001.** - **2 THE STATION HOUSE OFFICER, CHERUPULASSERY POLICE STATION, CHERPULASSERY-679503.** - **3 UNNIKANNAN, S/O RAMANKUTTY THARAKAN, MULLATH HOUSE, KUTTANASSERY.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679514.** - **4 UNNIKRISHNAN, S/O.LATE NARAYANA THARAKAN, KALATHIL HOUSE, KUTTANASSERY.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679514.** - **5 MANIKANTAN, S/O.APPUKUTTY THARAKAN, PODIYIDAKALATHIL HOUSE, KUTTANASSERY.P.O,** W.P.(C) No.17113 OF 2020(L) 2 |||**OTTAPALAM TALUK,**| |---|---|---| |||**PALAKKAD DISTRICT,PIN-679514.**| ||**6**|**APPUKUTTY,**| |||**S/O LATE THEVAR THARAKAN,**| |||**PODIYIDAKALATHIL HOUSE,**| |||**KUTTANASSERY.P.O,**| |||**OTTAPALAM TALUK,**| |||**PALAKKAD DISTRICT,**| |||**PIN-679514.**| ||**7**|**STATE OF KERALA,**| |||**REPRESENTED BY THE SECRETARY,**| |||**DEPARTMENT OF HOME AFFAIRS,**| |||**GOVERNMENT SECRETARIAT,**| |||**THIRUVANANTHAPURAM-695001.**| |*|**8**|**AJAYAN, AGED 34,**| |||**S/O LATE AYYAPAN,**| |||**PATTUTHODIYIL,**| |||**KUTTANASSERY P.O.,**| |||**OTTAPPALAM TALUK,**| |||**PALAKKAD DISTRICT - 679 514.**| |*|**9**|**VISWANATHAN, AGED 43,**| |||**S/O KUNJUTHARAKAN, AYYATHOTTIL HOUSE,**| |||**KUTTANASSERY P.O., OTTAPPALAM TALUK,**| |||**PALAKKAD DISTRICT - 679 514.**| |*|**10**|**GEETHA, AGED 45,**| |||**W/O UNIKRISHNAN,**| |||**KALATHIL HOUSE,**| |||**KUTTANASSERY P.O., OTTAPPALAM TALUK,**| |||**PALAKKAD DISTRICT - 679 514.**| |*|**11**|**AJITH, AGED 34 YEARS,**| |||**W/O MANIKANTAN,**| |||**KALATHIL HOUSE,**| |||**KUTTANASSERY P.O., OTTAPPALAM TALUK,**| |||**PALAKKAD DISTRICT - 679 514.**| |*|**12**|**RADHAKRISHNAN, AGED 47,**| |||**S/O LATE NARAYANA THARAKAN,**| |||**KALATHIL HOUSE,**| |||**KUTTANASSERY P.O., OTTAPPALAM TALUK,**| |||**PALAKKAD DISTRICT - 679 514.**| - **13 RADHAKRISHNAN, AGED 55, S/O LATE KUTTIKRISHNA THARAKAN, KALATHIL HOUSE,** W.P.(C) No.17113 OF 2020(L) 3 > * **14 RAMAKRISHNAN, AGED 44, S/O LATE KUTTIKRISHNA THARAKAN, KALATHIL HOUSE, KUTTANASSERY P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT - 679 514.** **ADDITIONAL RESPONDENTS 8 TO 14 ARE IMPLEADED AS PER ORDER DATED 22.01.2021 IN I.A. NO.1 OF 2020.** ## **OTHER PRESENT:** **SR.GP - SMT. AMMINIKUTTY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.17113 OF 2020(L) 4 ## **JUDGMENT** The petitioner, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to afford adequate and meaningful police protection to the life and property of the petitioner. In the writ petition it is alleged that on account of the complaints made by the petitioner, before the Revenue Divisional Officer, Ottappalam, against illegal conversion of paddy lands by local residents, in violation of the provisions under the Kerala Conservation of Paddy Land and Wetland Act, 2008, respondents 3 to 6 are causing threat to the life of the petitioner and his family members and also to their properties. 2. On 20.08.2020, when this writ petition came up for admission, this Court issued notice before admissions to respondents. The learned Government Pleader took notice for respondents 1, 2 and 7. Urgent notice by speed post was ordered to respondents 3 to 6. This Court granted an interim order directing the 2[nd] respondent to ensure that law and order is maintained and if requested for, to provide adequate protection to the life and property of the petitioner, from any incursions made by the respondents 3 to 6. 3. The 4[th] respondent has filed a counter affidavit on behalf W.P.(C) No.17113 OF 2020(L) 5 of respondents 3 to 6 (wrongly stated as respondents 3 to 7). Paragraph 3 of the counter affidavit reads as follows; “3. It is submitted that the allegations against the respondents No.3 to 7 [sic: respondents No.3 to 6] are not correct. I believes that the petitioner herein is a person having some baseless assumptions and presumptions. He made several complaints against us and some other persons in several authorities. Without any sufficient cause he filed so many complaints against many people including writ petition before this Honourable Court numbered as W.P.(C) No.23788/2016 praying for police protection against one Sathi and Rashkrishnan. He baselessly presume that almost all the persons from his locality having enmity towards him. Petitioner herein is a habitual litigant.” 4. The petitioner has filed a reply affidavit, producing therewith Ext.P11 judgment of this Court dated 07.12.2016 in W.P. (C) No.23788 of 2016. 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 2 and 7 and also the learned counsel for respondents 3 to 6. Despite service of notice none appears for additional respondents 8 to 14. 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.17113 OF 2020(L) 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 accused to justice. The police, of course, must act properly. They must obey W.P.(C) No.17113 OF 2020(L) 7 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. The learned Senior Government Pleader would point out that based on the complaint made by the petitioner, the petitioner and the respondents 3 to 6 were summoned to the Police Station and both sides were warned, not to involve in any activity, causing threat to law and order in the locality. 10. The learned counsel for respondents 3 to 6 would submit that as stated in paragraph 4 of that counter affidavit, the said respondents have absolutely no intention to cause any danger to the life and property of the petitioner. W.P.(C) No.17113 OF 2020(L) 8 In such circumstances, this writ petition is disposed of, by directing the 2[nd] respondent Station House Officer to take necessary steps to ensure that there is no threat to law and order in the locality at the instance of respondents 3 to 6 and their supporters or additional respondents 8 to 14. In case there is any threat to the life and property of the petitioners and his family members from the side of respondents 3 to 6 and their supporters and also respondents 8 to 14, the petitioner shall approach the 2[nd] respondent Station House Officer with a request for police protection, in which event, the said respondent shall consider that request, taking note of the statutory provisions referred to herein before and also the law laid down in the decision referred to supra. **Sd/ANIL K. NARENDRAN JUDGE** MIN W.P.(C) No.17113 OF 2020(L) 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 13/12/2019 FILED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER,OTTAPALAM ABOUT THE UNLAWFUL CONVERSION OF THE LAND BY ONE UNNIKKANNAN.** - **EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 8/3/2020 FILED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER,OTTAPALAM ABOUT THE UNLAWFUL CONVERSION OF THE LAND BY ONE UNNIKRISHNAN.** - **EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 15/06/2020 FILED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER,OTTAPALAM ABOUT THE UNLAWFUL CONVERSION OF LAND BY ONE PADMINI AND HER SON MANIKANTAN.** - **EXHIBIT P3(A) TRUE COPY OF THE ACKNOWLEDGMENT DATED 22/6/2020 ISSUED TO THE PETITIONER FROM THE OFFICE OF SUB COLLECTOR,OTTAPALAM WITH RESPECT TO EXHIBIT P3 COMPLAINT.** - **EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 30/07/2020 FILED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER,OTTAPALAM SEEKING POLICE PROTECTION TO THE LIFE AND PROPERTY OF PETITIONER AND HIS FAMILY.** - **EXHIBIT P4(A) TRUE COPY OF THE ACKNOWLEDGMENT DATED 6/8/2020 ISSUED TO THE PETITIONER FROM THE OFFICE OF REVENUE DIVISIONAL OFFICER,OTTAPALAM WITH RESPECT TO EXHIBIT P4 COMPLAINT.** - **EXHIBIT P5 TRUE COPY OF THE WHATSAP MESSAGE SENT TO THE KERALA POLICE BY THE PETITIONER DETAILING HIS BELEAGUERED POSITION AND SEEKING PROTECTION TO HIS LIFE WITH THE RESPONSE FROM THE KERALA POLICE.** - **EXHIBIT P6** - **TRUE COPY OF THE COMPLAINT DATED 27/7/2020 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF** W.P.(C) No.17113 OF 2020(L) 10 **POLICE,CHERPULASSERY SEEKING PROTECTION TO HIS LIFE.** ## **EXHIBIT P7** **TRUYE COPY OF THE COMPLAINT DATED 24/7/2020 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE CHERUPULASSERY SEEKING ACTION ON HIS COMPLAINT.** - **EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 18/6/2020 FILED BY THE PETITIONER BEFORE SUB INSPECTOR OF POLICE,CHERUPULASSERY** - **EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 13/3/2020 FILED BY THE PETITIONER BEFORE SECRETARY,VELLINEZHI GRAMA PANCHAYAT ON THE MISUSE OF WATER FROM PUBLIC LINE TO IRRIGATE THE UNLAWFULLY CONVERTED LANDS.** - **EXHIBIT P9(A) TRUE COPY OF ACKNOWLEDGEMENT DATED 18.3.2020 ISSUED TO THE PETITIONER FROM THE OFFICE AT VELLINEZHI GRAMA PANCHAYAT WITH REFERENCE TO EXHIBIT P9 COMPLAINT.** **EXHIBIT P10 PHOTOGRAPHS SHOWING THE GATE AND DOORS OF PETITIONER'S HOUSE REMAINING LOCKED.** **EXHIBIT P11** **TRUE COPY OF THE JUDGMENT DATED 07-122016 IN W.P.(C) NO.23788 OF 2016**