P.M.Ummer v. Superintendent Of Police, Malappuram District

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE ACTING CHIEF JUSTICE MR. ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 30TH JANUARY, 2015/10TH MAGHA, 1936 W.P.(C).No. 3104 of 2015 (K) --------------------------------------- PETITIONER(S):

---------------------- P.M.UMMER, AGED 50 YEARS, S/O. MAMMU, POOVARAKKAYIL HOUSE, PUTHIYIRUTHY, PALAPETTI P.O., MALAPPURAM DISTRICT - PIN - 679 579.

BY ADVS.SRI.T.S.RAJAN SMT.MAREEJA MOOSA SRI.P.J.ANTONY JOSEPH MARIADAS RESPONDENT(S):

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

1. SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, S.P. OFFICE, MALAPPURAM P.O., PIN - 676 505.

2. ZACHARIA, S/O. HAIDER, AGED 42 YEARS, KIZHAKKOOT HOUSE, MANGALAMKUNNU P.O., MALAPPURAM DISTRICT, PIN - 676 561.

3. MOIDEEN, S/O. AERU, AGED 38 YEARS, PADINJAREKUNNATH HOUSE, GRAMAM P.O., MALAPPURAM DISTRICT, PIN - 679 579.

*ADDL. RESPONDENTS:

* 4. SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, VADAKKEKAD P.O., TRISSUR DISTRICT, PIN - 679 562. *5. SUB INSPECTOR OF POLICE, PERUMABADAPPU POLICE STATION, PERUMABADAPPU P.O., MALAPPURAM DISTRICT, PIN - 679 580. IMPLEADED AS ADDITIONAL RESPONDENTS 4 AND 5 AS PER THE ORDER IN I.A.NO.1398/2015 DATED 30.01.2015.

R1, R4 & R5 BY SENIOR GOVERNMENT PLEADER, SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No. 3104 of 2015 (K) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF THE WEDDING INVITATION CARD OF THE MARRIAGE OF THE DAUGHTER OF THE PETITIONER.

EXT.P2 TRUE COPY OF THE COMPLAINT FILED BY THE WIFE OF THE PETITIONER, HASEENA BEFORE THE 1ST RESPONDENT DATED 28-012015. EXT.P2(A) RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO THE EXT.P2 COMPLAINT DATED 28.01.2015.

EXT.P3 TRUE ENGLISH TRANSLATION OF THE EXT.P2 & P2(A) RESPONDENTS' EXHIBITS:

//TRUE COPY// P.S. TO JUDGE St/-

ASHOK BHUSHAN, Ag.C.J.

& A.M. SHAFFIQUE, J.

------------------------------------------------ W.P.(C) No.3104 OF 2015 ------------------------------------------------ Dated this the 30th day of January, 2015

JUDGMENT

Shaffique, J.

The writ petition is filed seeking for police protection, alleging that the Respondents Nos.2 and 3 may cause hindrance to the marriage function to be held on 01.02.2015.

2. The petitioner submits that his daughter Ramseena's marriage is fixed on 01.02.2015 and on account of some financial transactions with the Respondents Nos.2 and 3, he had already filed a case before the Dubai Court. The petitioner and his family members were threatened by the Respondents Nos. 2 and 3, seeking to withdraw the case pending before the Dubai Court. It is submitted that the engagement ceremony was disturbed by Respondents Nos. 2 and 3 and therefore the petitioner apprehends that they may cause disturbance in the marriage function as well. The function is being held at Rehmath Community Hall, Moonnayani, Alakkad, Malappuram District.

W.P.(C) No.3104 of 2015

3. The learned Senior Government Pleader, on instructions, submits that there will not be any such threat and the police shall ensure the law and order situation. Having regard to the aforesaid submission, we do not think it necessary to issue notice to Respondents Nos.2 and 3.

4. There will be a direction to the 4th Additional Respondent to ensure that the law and order situation is maintained during the marriage function to be held on 01.02.2015, as prayed for.

The writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE.

Sd/- A.M. SHAFFIQUE, JUDGE.

//true copy// P.S. To Judge st/-