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High Court of KeralaWP(C)/3299/2015closed

Nizar Ibrahim v. State Of Kerala

2015-02-03Honourable 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 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3299 of 2015 (J) --------------------------- PETITIONER(S) :- ------------------- NIZAR IBRAHIM, AGED 41 YEARS S/O.AHAMMAD IBRAHIM, KARUKUNNATH HOUSE, PERINGALA P.O. KUMARAPURAM (VIA), ALUVA - 683 565.

BY ADV. SMT.A.A.GEETHA RESPONDENT(S) :- ------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY (LAW AND ORDER) GOVERNMENT SECRETARIAT, TRIVANDRUM - 01.

2. THE SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION, AMBALAMEDU, ERNAKULAM - 682 303.

3. K.A.IBRAHIMKUTTY,, AGED 50 YEARS S/O.ALIYAR, KARUKUNNATH HOUSE, PERINGALA P.O. KUMARAPURAM (VIA), ALUVA - 683 565.

4. K.A.AKBAR ALI, KARUKUNNATH HOUSE, PERINGALA P.O., KUMARAPURAM (VIA) ALUVA - 683 565.

5. K.A.SIDDIQUE, S/O.ALIYAR, KARUKUNNATH HOUSE, PERINGALA P.O. KUMARAPURAM (VIA), ALUVA - 683 565.

6. KAVANAPARAMBIL BAVA, AGED 58 YEARS KARANAPARAMBIL, PERINGALA, KUMARAPURAM (VIA) ALUVA, PIN - 683 565.

BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3299 of 2015 (J) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ------------------------------ EXHIBIT P1. A TRUE COPY OF THE RENT DEED EXECUTED IN FAVOUR OF THE PETITIONER DATED 10.08.2014.

EXHIBIT P1(a). ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2. A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE AMBALAMEDU POLICE STATION DATED 17.01.2015.

EXHIBIT P2(a). A TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P2.

EXHIBIT P3. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD ISSUED BY AMBALAMEDU POLICE STATION DATED 17.01.2015.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.3299 of 2015 ------------------------------------- Dated this the 3rd day of February 2015

J U D G M E N T

Shaffique, J.

The petitioner has filed this writ petition seeking for police protection inter alia contending that he had taken a building on rent for providing residential accommodation for his workers. Initially there had been certain disputes with respondent Nos.3 to 6, who are the neighbours. When a complaint was filed before the police, the parties were summoned and respondent Nos.3 to 6 have assured that they will not create any obstruction to the workers of the petitioner residing in the said building. However, contrary to the said representation, again, when the workers started residing in the building, respondent Nos.3 to 6 have started threatening them. Petitioner again filed a complaint before the police. Since no action has been taken by the police to provide adequate protection, this writ petition is filed. 2.

Learned Government Pleader on instructions would submit that since the petitioner has taken the building on rent,

W.P.(C) No.3299 of 2015 -: 2 :- the police will provide necessary protection as and when required, if there is any obstruction from respondent Nos.3 to 6.

3.

In view of the nature of order being passed in the writ petition, it is not necessary to issue notice to respondent Nos.3 to 6.

We record the submission of the learned Government Pleader and close the writ petition with liberty to the petitioner to approach the 2nd respondent as and when there is any obstruction caused by respondent Nos.3 to 6. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt