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High Court of KeralaWP(C)/1612/2015disposed of

Kumaran v. State Of Kerala

2015-01-21Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan7 pages

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 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 1612 of 2015 (B) --------------------------------------- PETITIONER(S):

---------------------- KUMARAN, AGED 75 YEARS S/O.LATE KUNJUKOCHU, KOTTAKKUPURATHU HOUSE IDUKKI VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT. BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENT(S):

-------------------------

1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, KANJAR, IDUKKI DISTRICT-685603.

3. SHAJI, S/O.KUMARAN, MUTHIURUNNAYARKARAYIL, KOTTAKKUPURATHU HOUSE, IDUKKI VILLAGE, IDUKKI TALUK IDUKKI DISTRICT-685603.

4. ROY, S/O.KUMARAN, MUTHIURUNNAYARKARAYIL KOTTAKKUPURATHU HOUSE, IDUKKI VILLAGE, IDUKKI TALUK IDUKKI DISTRICT-685603.

5. BOSE, S/O.KUMARAN, MUTHIURUNNAYARKARAYIL KOTTAKKUPURATHU HOUSE, IDUKKI VILLAGE, IDUKKI TALUK IDUKKI DISTRIC685603.

R1 & 2 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 1612 of 2015 (B) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE INTERIM INJUNCTION ORDER PASSED BY THE MUNSIFF COURT IDUKKI EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

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

* * * * * * * * * * * * * W.P.C.No.1612 of 2015 ---------------------------------------- Dated this the 21st day of January 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 3 to 5 in view of the judgment being passed today.

2.

By this writ petition, petitioner has approached this Court for a writ of mandamus commanding the 2nd respondent to afford adequate and meaningful protection to his life. Private respondents are none other than the children of the petitioner. Petitioner has already filed O.S.No.105/2014 before the Munsiff Court, Idukki and has obtained an order of injunction. A complaint Ext.P2 has been filed with general allegations.

3.

The learned Government Pleader submits that on receipt of the complaint, an enquiry was made and it is found that there is no physical threat as on date. 4.

After hearing learned counsel for the parties, we are of the view that the dispute between the petitioner and the private respondents is of civil nature which is already engaging the attention of the Civil court. As on date, no direction need be issued. We, however, observe that as and when any offence is committed or attempt to commit offence, it shall be open for the petitioner to file appropriate complaint.

With these observations, this writ petition is disposed of.

(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr