High Court of KeralaWP(C)/5253/2013closed

Sathyabhama v. State Of Kerala

2015-11-21Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 WP(C).No. 5253 of 2013 (F) --------------------------- PETITIONER(S):

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1. SATHYABHAMA, AGED 54 YEARS W/O. CHANDRAN.

2. CHANDRAN P. AGED 63 YEARS S/O. SANKUNNI, BOTH RESIDING AT PATHUPOTHIL HOUSE PANAMANNA, AMBALAVATTOM POST, OTTAPALAM TALUK. BY ADV. SRI.R.SREEHARI RESPONDENT(S):

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

2. THE DEPUTY SUPERINTENDENT OF POLICE SHORANAUR-679121.

3. THE CIRCLE INSPECTOR OF POLICE OTTAPALAM-679101.

4. THE SUB INSPECTOR OF POLICE OTTAPALAM POLICE STATION, OTTAPALAM 679101.

5. VASUDEVAN S/O. PATHUPOTHIYIL KRISHNANKUTTY, PANAMANNA AMBALAVATTOM POST, OTTAPALAM TALUK, PIN-679501. R5 BY ADV. SRI.P.JAYARAM BY Sr.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5253 of 2013 (F) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- PHOTOCOPY OF JUDGMENT IN OS NO.346/2008 OF MUNSIFF'S COURT, OTTAPPALAM DT 22-11-2010.

EXHIBIT P2- PHOTOCOPY OF THE COMPLAINT DATED 22-01-2013 FILED BEFORE THE SECOND RESPONDENT.

EXHIBIT P3- PHOTOCOPY OF THE E.P.NO.16/2013 IN OS NO.346/2008 OF MUNSIFF'S COURT, OTTAPALAM.

RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A.TO JUDGE ami

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

------------------------------------- W.P.(C)No.5253 of 2013 ---------------------------------- Dated this the 21st day of November, 2015.

J U D G M E N T

SHAFFIQUE, J.

The petitioners have approached this Court seeking police protection. It is stated that a decree had been passed in O.S.No.346/08 pending before the Munsiff's court, Ottappalam, against the 5th respondent and Execution Petition No.16 of 2015 is pending in that regard. The allegation is that while the execution petition is pending, the 5th respondent and his men are threatening the petitioners.

2. Having regard to the fact that the execution petition is pending consideration before the civil court, we do not think that this Court will be justified in interfering with the decree passed at this stage.

3. However, if any offence is committed or there is any attempt to commit offence, it is always open for the petitioners to approach the police.

W.P.(C)No.5253 of 2013 With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge