High CourtsSingle Bench(2023) 07 KL CK 0089

Sabu vs City Police Commissioner Kollam City, Kollam., Pin 691008

High Court Of Kerala · Decided on 12 July 2023

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.12366 Of 2023

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Judgment

14 paragraphs · 471 words

P.V.Kunhikrishnan, J

1.

This writ petition is filed with the following prayers:-

“ i. To issue a writ of mandamus or any other writ order or direction, commanding the respondents 1 to 4 to afford adequate and effective police protection to the life of the petitioner for his residence and employment in the school, without being threatened by the respondents 5 to 7 or their henchmen in any manner.

ii. To direct the respondents 1 to 4 to provide adequate and effective police protection to the life of the petitioner without being threatened by any persons including the respondents 5 to 7 or their henchmen.

iii. Issue such other writ order or direction, which is just and necessary in the facts and circumstances of the case.

iv. To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the writ petition. ” (SIC)

2.

The petitioner is a Higher Secondary School Teacher. The 5th respondent is his wife. It is the case of the petitioner that the 5th respondent along with her near relatives physically and mentally harassing the petitioner and not permitting to live with dignity. It is also submitted that there is threat to the life of the petitioner from the party respondents. Hence, this writ petition.

3.

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for respondent Nos.5 to 7.

4.

The learned Government Pleader and the party respondents submitted that the petitioner, who is a Higher Secondary School Teacher, is having an illicit relationship with a student in his school and the wife and other relatives of the petitioner found out the same and there was a dispute in connection with the same. The Government Pleader submitted that there is no threat to the life of the petitioner.

5.

After hearing both sides, I think this writ petition can be disposed of directing the 3rd respondent to afford protection to the life of the petitioner, if there is any danger to the petitioner. Respondent Nos.5 to 7 are free to proceed, in accordance to law, against the petitioner, but they shall not physically attack the petitioner.

Therefore, this writ petition is disposed of with the following directions.

1) If there is any threat to the life of the petitioner from respondent Nos.5 to 7, the petitioner is free to submit a complaint before the 3rd respondent and if such a complaint is received, the 3rd respondent will afford adequate Police protection to the life of the petitioner from respondent Nos.5 to 7 and their henchmen.

2) All other contentions of respondent Nos.5 to 7 are left open.

3) The 3rd respondent will also see that there is no physical or mental harassment from the side of the petitioner towards respondent Nos.5 to7 also.