High Court of KeralaWP(C)/1687/2015disposed of

T.P.Sivasankaran Nair v. Ramesh Kumar P.S.

2015-01-20Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 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 TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1687 of 2015 (I) --------------------------- PETITIONERS :

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1. T.P.SIVASANKARAN NAIR AGED 83 YEARS S/O. KRISHNAMENON, XXXV/3083-B, KARTHIKA HOUSE MAHAKAVI VAILOPPILLI ROAD, PALARIVATTOM, ERNAKULAM-25.

2. P.K. OMANA @ KARTHIYANIAMMA, W/O.SIVASANKARAN NAIR, AGED 69 YEARS, XXXV/3083-B,KARTHIKA HOUSE, MAHAKAVI VAILOPPILLI ROAD, PALARIVATTOM, ERNAKULAM-25. BY ADVS.SRI.DENIZEN KOMATH SMT.ANNIES MATHAI SRI.P.J.YESUDAS RESPONDENTS :

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1. RAMESH KUMAR P.S.

S/O. SIVASANKARAN NAIR, FLAT NO. 702, 'OCEANUS', 100 FEET, MALAMPUZHA ROAD, PUTHUR PALAKKAD - 678 001.

2. SUB INSPECTOR OF POLICE JANAMAITHRI POLICE STATION, PALARIVATTOM, ERNAKULAM-682 025.

3. CITY POLICE COMMISSIONER KOCHI CITY, ERNAKULAM-682 005.

R2 & R3 BY SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1687 of 2015 (I) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 - TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DT. 24.10.14.

EXT.P1(A) - TRUE ENGLISH TRANSLATION OF EXT. P1. EXT.P2 - TRUE PHOTOCOPY OF THE ORDER IN IA NO. 9084/14 IN OS NO. 1534/14 DT. 28.11.14C IN THE FILE OF MUNSIFF'S COURT - III, ERNAKULAM. EXT.P3 - TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE OF 1ST PETITIONERS TREATMENT.

EXT.P4 - TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY PETITIONERS YOUNGER DAUGHTER-IN-LAW BEFORE 2ND RESPONDENT DT. 12.1.15. EXT.P4(A) - TRUE ENGLISH TRANSLATION OF EXT. P4. EXT.P5 - TRUE PHOTOCOPY OF CIRCULAR NO. 16/10 OF DIRECTOR GENERAL OF POLICE, KERALA POLICE.

RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

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

----------------------------------------------------------------------- W.P.(C). No. 1687 of 2015 ----------------------------------------------------------------------- Dated this the 20th 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 the first respondent, in view of the order which is being passed.

2. The first respondent is the eldest son of petitioners. Allegation is made against the first respondent in the writ petition. It is prayed that direction be issued to respondents 2 and 3 to afford adequate protection to the life and limb of the petitioners, against the threat from the first respondent. Petitioners' case is that they were threatened and attacked by the first respondent, with regard to which, a complaint was also filed. But no action has been taken so far.

3. Learned Government Pleader submits that the first respondent was summoned and has already been warned by the police authority. It is submitted that as and when any information

WP(C) No. 1687/15 or request is received from the petitioner, the same shall be looked into and appropriate action be taken.

In the above view of the matter, we dispose of the writ petition by observing that in the event any complaint/request is submitted by the petitioner, the police authority shall take appropriate action.

The writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE.

sou.