WP(C) NO. 28510 OF 2024 1 2025:KER:26046 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 28510 OF 2024 PETITIONER/S: SANTHOSHKUMAR S AGED 51 YEARS S/O. SANKARAN, VYASAPURAM HOUSE, KAVALAM NORTH P.O., KAVALAM VILLAGE, KUTTANADU TALUK, ALAPPUZHA, PIN - 688506 BY ADVS. B.PRAMOD ATHUL M.V. RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA., PIN - 688001 3 STATION HOUSE OFFICER KAINADY POLICE STATION, ALAPPUZHA ., PIN - 688534 4 THE ASSISTANT ENGINEER PWD ROADS SECTION, RAMANKARI P.O., KUTTANAD, ALAPPUZHA., PIN - 689595 5 KAVALAM GRAMA PANCHAYATH KAVALAM NORTH P.O., KAVALAM, ALAPPUZHA, REP. BY ITS SECRETARY., PIN - 688506 6 THE PRESIDENT WP(C) NO. 28510 OF 2024 2 2025:KER:26046 PANCHAYATH COMMITTEE,5. KAVALAM GRAMA PANCHAYATH, KAVALAM NORTH P.O., KAVALAM, ALAPPUZHA, PIN - 688506 7 BIJU VARGHESE KANIYAMPARAMBIL, KAVALAM (N) P.O., ALAPPUZHA., PIN - 688506 8 RENILKUMAR MUPPATHILCHIRA,, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 9 OMANAKUTTAN PATHINANJILCHIRA, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 0 JOTHIOMANAKUTTAN PATHINANJILCHIRA, KAVALAM (N) P.O., ALAPPUZHA., PIN - 688506 11 OMANAKUTTAN LEKHABHAVAN, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 12 REJIMON KOCHUPAZHAYIKKAL, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 13 BINOCHAN KOCHUPAZHAYIKKAL, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 14 SINDHU KOCHUPAZHAYIKKAL, KAVALAM (N) P.O., ALAPPUZHA ., PIN - 688506 15 PUSHKARAN PAZHAYIKKAL, KAVALAM (N) P.O., ALAPPUZHA ., PIN - 688506 16 SALI KOCHUPAZHAYIKKAL, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 17 BABU KAYALCHIRA, KAVALAM (N) P.O., ALAPPUZHA, PIN - 688506 18 LEELAMANI PATHINANJILCHIRA,KAVALAM (N) P.O., ALAPPUZHA, PIN - WP(C) NO. 28510 OF 2024 3 2025:KER:26046 688506 BY ADVS. R.RAJPRADEEP RAJESH VIJAYAN BRIJESH MOHAN(K/1851/1999) SREEDEVI S.(K/767/2020) SIKHA S.NAIR(K/666/2008) OTHER PRESENT: GP.SRI.AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28510 OF 2024 4 2025:KER:26046 C.S.DIAS, J. --------------------------------------- WP(C) No. 28510 OF 2024 ----------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the petitioner's life and property from the threats of the respondents 7 to 18 and their men. 2. When the writ petition came up for consideration on 13.08.2024, this Court directed the 3rd respondent to ensure that the petitioner and his family members are not put to any physical harm by the party respondents. The above interim order has been extended from time to time. 3. Heard; the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel for the 5th respondent and the learned counsel for the party respondents. 4. The learned counsel for the petitioner and the learned counsel for the party respondents submitted that the dispute between the parties pertaining to a property is WP(C) NO. 28510 OF 2024 5 2025:KER:26046 pending consideration before the civil court. Therefore, the petitioner is confining the writ petition to only affording adequate police protection to the life of the petitioner. On a consideration of the facts and the materials on record, I am of the view that, if there is any threat from the party respondents, it would be upto the petitioner to approach the 3rd respondent and file a complaint in the said regard. If such a complaint is filed, the 3rd respondent shall act on the complaint, in accordance with law, without interfering in the civil dispute between the parties. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 28510 OF 2024 6 2025:KER:26046 APPENDIX OF WP(C) 28510/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 06.05.2022 SHOWING THE PAYMENT OF BASIC TAX IN RESPECT OF THE PADDY FIELD OWNED BY THE PETITIONER Exhibit P2 A TRUE COPY OF THE PLAINT IN O. S. NO. 106/2022 BEFORE THE HON’BLE MUNSIFF’S COURT, ALAPPUZHA Exhibit P3 A TRUE COPY OF THE LETTER DATED 09.03.2022 ISSUED BY THE 4TH RESPONDENT ASSISTANT ENGINEER TO ONE MR. SHIBU N.V. Exhibit P4 A TRUE COPY OF THE PLAINT DATED 10.05.2022 IN CMP NO. 592/2022 NOW PENDING AS O.S. NO. 328/2022 ON THE FILE MUNSIFF COURT, ALAPPUZHA Exhibit P5 A TRUE COPY OF THE ORDER DATED 12.05.2022 IN CMP NO. 593/2022 IN CMP NO. 592/2022 OF THE DISTRICT COURT, ALAPPUZHA Exhibit P6 PHOTOGRAPHS OF THE PADDY FIELDS AND THE PARTIALLY CONSTRUCTED ROAD Exhibit P7 A TRUE COPY OF THE MEMORANDUM OF W. P. (C) NO. 14370/2023, WITHOUT EXHIBITS Exhibit P8 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 5TH RESPONDENT PANCHAYATH IN W. P. (C) NO. 14370/2023 Exhibit P9 A TRUE COPY OF THE PETITION DATED 31.07.2024 SUBMITTED TO THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF THE RECEIPT DATED 31.07.2024 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P11 A TRUE COPY OF THE PETITION DATED 31.07.2024 SUBMITTED TO THE 3RD RESPONDENT Exhibit P12 A TRUE COPY OF THE RECEIPT DATED 31.07.2024 ISSUED FROM THE KAINADY POLICE STATION