K.V Mathew & Annamma Mathew v. The Station House Officer, Keezhvaipur Police Station, Pathanamthitta; The District Police Chief, Pathanamthitta; The State of Kerala; Rajan (retired Postman); Chellamma

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942** ## **WP(C).No.1303 OF 2021(K)** ## **PETITIONER:** **1 K.V MATHEW AGED 76 YEARS S/O. LATE VARGHESE, KULANGARA-KARIKKAMALA HOUSE, ANICKAD MURI & VILLAGE, NOOROMMAVU P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 589. 2 ANNAMMA MATHEW AGED 73 YEARS W/O. K.V.MATHEW, KULANGARA-KARIKKAMALA HOUSE, ANICKAD MURI AND VILLAGE, NOOROMMAVU P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 589.** **BY ADVS. SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE SMT.NICEY A. MENON SRI.P.A.REJIMON** ## **RESPONDENTS:** |**1**|**THE STATION HOUSE OFFICER**| |---|---| ||**KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O.,**| ||**MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT,**| ||**PIN-689 587.**| |**2**|**THE DISTRICT POLICE CHIEF**| ||**PATHANAMTHITTA, OFFICE OF THE DISTRICT POLICE CHIEF**| ||**PATHANAMTHITTA P.O., PIN-689 645.**| |**3**|**STATE OF KERALA**| ||**REPRESENTED BY SECRETARY (HOME), GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.**| WP(C).No.1303 OF 2021(K) 2 **4 RAJAN AGED 65 YEARS (RETIRED POSTMAN), FATHER'S NAME NOT KNOWN TO THE PETITIONER, RESIDING AT KOOTTUNKAL HOUSE, KARIKKAMALA, ANICKAD MURI, NOOROMMAVU P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 589.** **5 CHELLAMMA AGED 62 YEARS W/O. RAJAN, RESIDING AT KOTTUNKAL HOUSE, KARIKKAMALA, ANICKAD MURI, NOOROMMAVU P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 589.** **R1-R3 BY SRI SUNIL NATH N.B, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.1303 OF 2021(K) 3 ## **JUDGMENT** The petitioners, who are husband and wife, have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 1 and 2 are duty bound to provide adequate and necessary police protection to the life and property of the petitioners, as requested in Exts.P2 and P3. The petitioners have also sought for a writ of mandamus commanding respondents 1 and 2 to provide necessary and adequate police protection to the life and property of the petitioners, as requested in Exts.P2 and P3. 2. Going by the averments in the writ petition, the 1[st] petitioner is the absolute owner of 69.08 Ares of property in Re.Sy.No.124/3-1 and 0.8 Ares in Re.Sy.No.116/8 in Block No.30 of Anickad Village in Pathanamthitta District. Respondents 4 and 5 are residing on the southern side of the property of the 1[st] petitioner comprised in Re.Sy.No.116/8. In the writ petition it is alleged that respondents 4 and 5 have made several attempts to encroach into the property of the 1[st] petitioner in Re.Sy.No.116/8 for annexing the same to their property. On 28.05.2017, respondents 4 and 5 trespassed into the 1[st] petitioner's property and attempted to attack the petitioners. They caused damaged to the northern WP(C).No.1303 OF 2021(K) 4 boundary of the property. The 1[st] respondent registered Crime No.1071/2017 of Keezhvaipur Police Station against respondents 4 and 5, as evidenced by Ext.P1 First Information Report. The 2[nd] petitioner filed O.S.No.286/2017 before the Munsiff's Court, Thiruvalla for declaration, fixation of boundary, permanent prohibitory injunction, mandatory injunction and other allied reliefs. I.A.No.1786/2017 was filed seeking temporary injunction and the Munsiff's Court, Thiruvalla passed an order of temporary injunction against respondents 4 and 5. At about 4 pm on 05.01.2021, respondents 4 and 5 again trespassed into the front yard of the petitioners by uttering obscene words. The 4[th] respondent manhandled the 2[nd] petitioner and threatened both the petitioners. The 2[nd] petitioner submitted Ext.P2 complaint dated 06.01.2021 before the 1[st] respondent and thereafter, moved this writ petition seeking the aforesaid reliefs. 3. On 18.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to respondents 4 and 5, returnable by 27.01.2021. This Court granted an interim order directing the WP(C).No.1303 OF 2021(K) 5 1[st] respondent to ensure that there is no threat to law and order in the locality, at the instance of respondents 4 and 5. 4. The learned Government Pleader has filed a statement on behalf of the 1[st] respondent. 5. Heard the learned counsel for the petitioner and also the learned Government Pleader for respondents 1 to 3. Despite service of notice, none appears 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. Section 4 of the Act deals with functions of Police. As per Section 4, the Police WP(C).No.1303 OF 2021(K) 6 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 WP(C).No.1303 OF 2021(K) 7 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 regarding an incident that happened on 28.05.2017, a crime has already been registered against respondents 4 and 5, as Crime No.1071/2017 of Keezhvaipur Police Station. Ext.P2 complaint made by the petitioner is in respect of an incident alleged to have occurred on 05.01.2021, at the instance of respondents 4 and 5. In such circumstances, this writ petition is disposed of with the following directions: - (i) The 1[st] respondent Station House Officer shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 4 and 5 or their supporters. - (ii) In case there is any threat to the life and property of the petitioners from the side of respondents 4 and 5 or WP(C).No.1303 OF 2021(K) 8 their supporters, the petitioners shall move the 1[st] respondent Station House Officer with a request for Police protection. (iii) In case any such request for Police protection is made by the petitioners, the 1[st] 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 decision referred to supra. No order as to costs. ## **Sd/-** ## **ANIL K.NARENDRAN** JV **JUDGE** WP(C).No.1303 OF 2021(K) 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT DATED 14.6.2017 IN CRIME 1071/2017 OF KEEZHVAIPUR POLICE STATION.** **EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLAINT DATED 6.1.2021 SUBMITTED BEFORE THE IST RESPONDENT BY THE 2ND PETITIONER.** **EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 6.1.2021 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER.** **EXHIBIT P4 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 8.1.2021 EVIDENCING RECEIPT OF EXHIBIT P-2.** **EXHIBIT P5 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 9.1.2021 EVIDENCING RECEIPT OF EXHIBIT P-3.**