SREEKUMAR T.S. v. THE STATION HOUSE OFFICER, ALUVA WEST POLICE STATION, AND MURALEEDHARAN NAIR

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942** ## **W.P.(C)No.11842 OF 2020(E)** ## **PETITIONER/S:** **SREEKUMAR T.S., S/O. SREEDHARAN NAIR, MANDANGATTU MADOM, WEST KADUNGALLOOR, ALUVA-683 110** **BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N** ## **RESPONDENTS:** **1 THE STATION HOUSE OFFICER ALUVA WEST POLICE STATION, KOTTAPPURAM, ALANGAD-683 511 2 MURALEEDHARAN NAIR, S/O KRISHNAN NAIR, CHENNAADU VEEDU, NEAR ALULUNGAL BHAGAVATHY TEMPLE, ADUVATHURUTHU, WEST.VELIYATHUNAD POST, ALANGAD, ERNAKULAM-683 511** **R1 BY SRI P.P. THAJUDHEEN-SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## W.P.(C)No.11842 of 2020(E) 2 ## **JUDGMENT** The petitioner, who owns 20 cents of land in Survey No.153/9 of Karumalloor Village in Paravur Taluk, who is presently residing at Thrikkakkara, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Station House Officer, Aluva West Police Station, to provide sufficient and adequate protection to the life of the petitioner, his wife and workers from the threat and possible attack from the 2[nd] respondent and his supporters. The petitioner has also sought for an order directing the 1[st] respondent Station House Officer to take appropriate legal action against the 2[nd] respondent and his supporters for causing obstruction to the entry of the petitioner, his wife and workers to his property situated in Survey No.153/9 of Karumalloor Village in Paravur Taluk. 2. Going by the averments in the writ petition, there is civil dispute between the petitioner and his immediate neighbours in connection with a pathway passing through the eastern side of the petitioner's property. The petitioner filed O.S.No.562 of 2017 before the Munsiff's Court, North Paravur W.P.(C)No.11842 of 2020(E) 3 and obtained Ext.P2 order of temporary injunction dated 15.09.2017 in I.A.No.1992 of 2017, against one Sasidharan Nair and two others, who are restrained from altering the pathway (B Schedule pathway) or obstructing the enjoyment of property (A Schedule property) by the petitioner, until further orders. Despite the order of injunction the neighbours used to threaten the petitioner and obstruct entry of his vehicle to that property. The petitioner filed complaints before the 1[st] respondent Station House Officer, on 28.05.2018 and 07.12.2019, and they were warned by the Police. Now, the 2[nd] respondent and his followers are threatening the petitioner to withdraw the suit and settle the matter. The followers of the 2[nd] respondent are also threatening the wife of the petitioner and his workers. Therefore, the petitioner filed Ext.P3 complaint dated 30.05.2020 before the 1[st] respondent Station House Officer. 3. On 17.06.2020, when this writ petition came for admission, this Court issued notice before admission to the 2[nd] respondent by special messenger and the learned Government Pleader took notice for the 1[st] respondent. W.P.(C)No.11842 of 2020(E) 4 4. On 01.07.2020, this Court admitted the matter on file. While ordering the writ petition to be posted on 23.07.2020 for the counter affidavit of the respondents, this Court granted an interim order of police protection as prayed for, i.e., an order directing the 1[st] respondent Station House Officer to give sufficient and effective police protection to the life and property of the petitioner and his wife, from the threat and attack of the 2[nd] respondent and his followers, till then. The said interim order, which was extended from time to time, is still in force. 5. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader for the 1[st] respondent. Despite service of notice, none appears for the 2[nd] 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 the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of W.P.(C)No.11842 of 2020(E) 5 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, welltrained 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 ## W.P.(C)No.11842 of 2020(E) 6 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. The learned Senior Government Pleader, on instructions, would submit that the 1[st] respondent Station House Officer has already summoned the 2[nd] respondent to the Police Station and strictly warned him that stringent action would be taken in case the 2[nd] respondent and his followers causes any threat to the life of the petitioner, his wife and workers. W.P.(C)No.11842 of 2020(E) 7 10. Having considered the submission made by the learned counsel for the petitioner and also the learned Senior Government Pleader for the 1[st] respondent Station House Officer, this writ petition is disposed of by directing the 1[st] respondent to render sufficient and effective police protection to the life and property of the petitioner, his wife and their workers from any threat or attack of the 2[nd] respondent and his followers. No order as to costs. **Sd/-** JV **ANIL K. NARENDRAN JUDGE** W.P.(C)No.11842 of 2020(E) 8 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE BASIC TAX RECEIPT DT 01.06.2019 SHOWING THE REMITTANCE OF TAX OF THE PROPERTY** **EXHIBIT P2** **PHOTOCOPY OF THE INJUNCTION GRANTED BY THE MUNSIFF COURT IN OS 562/2017 DT 15/09/2017 BEFORE THE HON'BLE PARAVUR MUNSIFF COURT** **EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT DT 30.05.2020 PREFERRED BEFORE THE 1ST RESPONDENT**