Sulabha v. Vidhyadharan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1299 of 2015 (J) --------------------------- PETITIONER(S) :
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1. SULABHA, W/O.PRASAD LAL, AGED 34 YEARS RESIDING AT SARASA VILASOM MANGALATHUKONAM, KATTA, CHALKUZHI P.O.
PIN-695509, VENGANOOR DESOM, VENGANOOR VILLAGE THIRUVANANTHAPURAM TALUK.
2. PRASAD LAL S/O.GOPALAKRISHNAN, AGED 42 YEARS, RESIDING AT SARASA VILASOM MANGALATHUKONAM, KATTACHALKUZHI P.O., PIN-695509 VENGANOOR DESOM, VENGANOOR VILLAGE THIRUVANANTHAPURAM TALUK BY ADV. SRI.B.S.SIVAJI RESPONDENT(S) :
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1. VIDHYADHARAN S/O.APPUKUTTAN, LAKSHMI VILASAM, CHARIVU VILA PERINGAMALA, KALLIYUR VILLAGE THIRUVANANTHAPURAM -695042
2. SHIBU @ PATTA SHIBU, CHARIVU VILA, PERINGAMALA, KALLIYUR VILLAGE THIRUVANANTHAPURAM -695042
3. VIJAYAN CHARIVU VILA, PERINGAMALA, KALLIYUR VILLAGE THIRUVANANTHAPURAM -695042
4. THE DISTRICT POLICE CHIEF (RURAL) THIRUVANANTHAPURAM DISTRICT 695001 ...2/-
WP(C).No. 1299 of 2015 (J) -2-
5. THE CIRCLE INSPECTOR OF POLICE, NEMAM, THIRUVANANTHAPURAM-695020
6. THE SUB INSPECTOR OF POLICE, NEMAM, THIRUVANANTHAPURAM-695020 R4 TO R6 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...3/-
WP(C).No. 1299 of 2015 (J) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1:
TRUE COPY OF THE SALE DEED NO.346/2014 IN THE SUB REGISTRAR OFFICE NEMAM ON 07.02.2014 WITH ENGLISH TRANSLATION. EXHIBIT P2:
TRUE COPY OF THE RECEIPT NO.1629009 DATED 14.07.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P3:
TRUE COPY OF THE INJUNCTION ORDER DATED 11.08.2014 IN IA.NO.6682/2014 IN OS.NO.1581/2014.
EXHIBIT P4:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT DATED 13.02.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P4(a):TRUE COPY OF THE RECEIPT WITH ENGLISH TRANSLATION. EXHIBIT P5:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT WITH ENLIGH TRANSLATION. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.1299 of 2015 ---------------------------------------- Dated this the 14th day of January 2015
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioners and the learned State Attorney.
No notice is being issued to respondents 1 to 3 in view of the judgment being passed today.
2.
By this writ petition , the petitioners have prayed for a direction to respondents 4 to 6 to give adequate police protection to the life of the petitioners. With regard to the property in dispute, a suit filed by the petitioners being O.S.No.1581/2014 is pending before the Munsiff Court in which a temporary injunction order is claimed to have been passed. Petitioners refer to a complaint at Ext.P5 with regard to an incident dated 18/08/2014.
3.
Learned State Attorney, after obtaining instructions, submits that after receipt of the complaint, parties were called and they informed that a civil suit is pending between the parties. Police advised them to seek appropriate remedy in the competent civil court. 4.
In view of the fact that a civil suit is pending and after the filing of the complaint at Ext.P5, no untoward incident has been reported, we see no reason to continue this writ petition any further. We only observe that in the event of any offence or attempt to offence, it is open for the petitioners to file appropriate complaint before the police authorities.
With the above observation, this writ petition is disposed of.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr