SHAFEEK v THE DISTRICT POLICE CHIEF, KOLLAM CITY DISTRICT POLICE QUARTERS, ERAVIPURAM POLICE STATION, KOLLAM - AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **W.P.(C) No.2464 OF 2021(G)** ## **PETITIONER/S:** **SHAFEEK, AGED 41 YEARS, S/O. POOKUNJU, KUNNATHU HOUSE, AHMAD MANZIL, ZAM ZAM NAGAR 228, VADAKKEVILA P.O., KOLLAM-691010. BY ADVS. SRI.P.S.ABDUL KAREEM SRI.R.ABDUL AHAD** ## **RESPONDENT/S:** |**1**|**THE DISTRICT POLICE CHIEF,**| |---|---| ||**KOLLAM CITY DISTRICT POLICE QUARTERS,**| ||**KOLLAM-691008.**| |**2**|**THE STATION HOUSE OFFICER,**| ||**ERAVIPURAM POLICE STATION,**| ||**KOLLAM-691011.**| |**3**|**KATTIL NIZAM,**| ||**S/O. KATTIL ABDUL KHADER,**| ||**NIZAM SAW MILL (KATTIL SAW MILL),**| ||**ZAM ZAM NAGAR,**| ||**PAZHAYATTINKUZHI,**| ||**VADAKKEVILA P.O.,**| ||**KOLLAM-691010.**| |**4**|**ABDURAHIM,**| ||**S/O. HASSANARU KUNJU,**| ||**KATTIL SAW MILL,**| ||**ZAM ZAM NAGAR,**| ||**PAZHAYATTINKUZHI,**| ||**VADAKKEVILA P.O.,**| ||**KOLLAM-691010.**| W.P.(C) No.2464 OF 2021(G) 2 **5 ZAKKARIYA, S/O. MAITHEEN KANNU, YERATHKIZHAKKETHIL, PATTANITHANGAL NAGAR, ERAVIPURAM P.O., KAYYALAKKAL, KOLLAM-691011.** **6 ABDUL KHADER @ SUJA, S/O. MEERA RAVUTHAR, GREENLAND, DR. ZAKKEER HUSAIN NAGAR 210A, THATTAMALA P.O., KOLLAM-691020.** ## **R3-6 BY ADV. SMT.M.KABANI DINESH** ## **OTHER PRESENT:** **SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.2464 OF 2021(G) 3 ## **JUDGMENT** The petitioner and his wife are joint owners of 3.10 ares of property comprised in Survey Nos.307/23 and 307/25 in Eravipuram Village, covered by Ext.P1 sale deed bearing registration No.1622/2018 of the Sub Registrar Office, Eravipuram. 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 provide efficient and adequate police protection to the person and property of the petitioner and his family members, from any threat from the side of respondents 3 to 6 and their men. Going by the averments in the writ petition, the 3rd respondent's wife owns property adjacent to the property covered by Ext.P1 sale deed in which the 3rd respondent is conducting a saw mill. There are certain disputes between the petitioner and the 3[rd] respondent. In connection with the incident alleged to have occurred on 20.01.2021, the 2[nd] respondent Station House Officer has registered Crime No.68 of 2021 of Eravipuram Police Station, against respondents 3 to 6, under Sections 294(b), 447, 427, read with 34 of the Indian Penal Code. 2. On 01.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on W.P.(C) No.2464 OF 2021(G) 4 admission for respondents 1 and 2. Urgent notice on admission by special post was ordered to respondents 3 to 6, returnable within three weeks. The learned Government Pleader was directed to get instructions and file a statement on behalf of the 2[nd] respondent. This Court granted an interim order 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. 3. On 24.02.2021, when this writ petition came up for consideration, the 3rd respondent entered appearance through counsel and sought time to file counter affidavit. The learned counsel for the petitioner submitted that the wife of the 3rd respondent filed O.S. No.79 of 2021 before the Additional Munsiff Court, Kollam and obtained an order of injunction against the petitioner on 28.01.2021. 4. Respondents 3 to 6 have filed a counter affidavit, opposing the reliefs sought for in this writ petition, producing therewith a copy of Ext.R3(a) order of injunction granted by the Additional Munsiff Court, Kollam in I.A. No.1 of 2021 in O.S. No.79 of 2021. 5. Heard the learned counsel for the petitioner, the learned W.P.(C) No.2464 OF 2021(G) 5 Government Pleader appearing for respondents 1 and 2 and also the learned counsel for respondents 3 to 6. 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 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. W.P.(C) No.2464 OF 2021(G) 6 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 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 W.P.(C) No.2464 OF 2021(G) 7 both sides, this Court finds that there is civil dispute between the petitioner and the wife of the 3[rd] respondent, which is the subject matter in O.S. No.79 of 2021 pending before the Additional Munsiff Court, Kollam, in which the wife of the 3[rd] respondent has obtained Ext.R3(a) order of injunction. Regarding an incident alleged to have occurred on 20.01.2021, a crime has already been registered as Crime No.68 of 2021 of Eravipuram Police Station, against respondents 3 to 6, under Sections 294(b), 447, 427 read with 34 of the Indian Penal Code. 10. During the course of arguments, the learned counsel for respondents 3 to 6 would submit that the said respondents have no intention to take law into their own hands. 11. The learned Government Pleader would submit that, at present, there is no law and order issues. In the above 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 disputes between the petitioner and respondents 3 to 6, the petitioner shall approach the 2[nd] respondent Station House Officer with a request for police protection. (ii) In case any such request for police protection is made, the 2nd respondent Station House Officer shall take W.P.(C) No.2464 OF 2021(G) 8 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. (iii) The 2[nd] respondent Station House Officer shall not interfere with any civil disputes between the petitioner and respondents 3 to 6. **Sd/-** **ANIL K. NARENDRAN JUDGE** MIN W.P.(C) No.2464 OF 2021(G) 9 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO.1622/18 OF SUB REGISTRAR'S OFFICE ERAVIPURAM.** **EXHIBIT P2 TRUE PHOTOGRAPHS FROM THE SCENE. EXHIBIT P3 TRUE COPY OF THE F.I.R. IN CRIME NO.68/2021 OF ERAVIPURAM POLICE STATION, KOLLAM CITY, DATED 20.1.2021.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3(A)** **TRUE COPY OF THE INJUNCTION ORDER GRANTED IN I.A.1/2021 IN O.S.79/2021 OF THE ADDITIONAL MUNSIFF’S COURT KOLLAM**