Abu Backer v. The District Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 640 of 2013 (D) -------------------------- PETITIONERS:

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1. ABU BACKER S/O.ALAVI, PONGALLUR (H), NEAR PARAYA COLONY ARAKUPARAMBU AMSOM DESOM, PERINTHALMANNA TALUK MALAPPURAM DISTRICT.

2. AMINA KUTTY UMMA, AGED 65 YEARS W/O.ABU BACKER, PONGALLUR (H), NEAR PARAYA COLONY ARAKUPARAMBU AMSOM DESOM, PERINTHALMANNA TALUK MALAPPURAM DISTRICT.

BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S.

SRI.MUDASSER AHAMED SRI.P.N.SAIBEN NIKKISH RESPONDENTS:

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1. THE DISTRICT SUPERINTENDENT OF POLICE MALAPPURAM DISTRICT. PIN-676 505.

2. THE CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION MALAPPURAM DISTRICT. PIN-679 322.

3. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION MALAPPURAM DISTRICT. PIN-679 322.

4. RIYAS,, AGED 24 YEARS S/O.MAMMU, PUTHENPEDIKA HOUSE ARAKAPARAMBU AMSOM DESOM, PERINTHALMANNA TALUK MALAPPURAM DISTRICT. PIN-679 322.

5. AYAMUTTI,, AGED 35 YEARS PUTHENPEDIKA HOUSE, ARAKAPARAMBU AMSOM DESOM PERINTHALMANNA TALUK MALAPPURAM DISTRICT. PIN-679 322.

6. SYED,, AGED 65 YEARS PUTHENPEDIKA HOUSE, ARAKAPARAMBU AMSOM DESOM PERINTHALMANNA TALUK MALAPPURAM DISTRICT. PIN-679 322.

R4 TO R6 BY ADV. SRI.G.SREEKUMAR (CHELUR) BY SR.GOVERNMENT PLEADER C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX TO W.P.C.NO.640 OF 2013 PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF ASSIGNMENT DEED NO.2016 OF 1976 DATED 16.12.1976.

EXT.P2- TRUE COPY OF FIR IN CRIME NO.1083/2012, DATED 04.09.2012, PERINTHALMANNA POLICE STATION.

EXT.P3- TRUE COPY OF COMPLAINT DATED 30.10.2012 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONERS.

EXT.P4- TRUE COPY OF A COMPLAINANT DATED 14.11.2012 SUBMITTED TO THE IST RESPONDENT BY THE PETITIONERS.

EXT.P5- TRUE COPY OF A COMPLAINANT DATED 16.11.2012 SUBMITTED TO THE HOME MINISTER OF STATE BY THE PETITIONERS.

EXT.P6- TRUE COPY OF REPRESENTATION DATED 16.11.2012 SUBMITTED TO THE OPPOSITION LEADER OF STATE BY THE PETITIONERS. EXT.P7- TRUE COPY OF A REPRESENTATION DATED 17.11.2012 SUBMITTED TO THE MEMBER OF LEGISLATIVE ASSEMBLY OF PETITIONERS' CONSTITUENCY.

TRUE COPY PA TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.640 of 2013 ---------------------------------------- Dated this the 18th day of December 2015

J U D G M E N T

Shaffique, J This writ petition has been filed seeking police protection alleging that there was threat from respondents 4 to 6. 2.

The learned Government Pleader, on instructions, would submit that the issue between the parties was with regard to the right in respect of an immovable property. Further, after the filing of the writ petition, no untoward incident has been reported.

Having regard to the fact that no untoward incident has been reported during the pendency of the writ petition, we close this writ petition with liberty to the petitioners to approach the police, if there is any further cause of action. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr19/12/2015