Ponnamma v. Director General Of Police, Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 --------------------------- PETITIONER:

------------------- PONNAMMA, AGED 72, W/O. RAMASWAMY, T.C. 25/612, THAMPANOOR, THYCAUD VILLAGE, THIRUVANANTHAPURAM.

BY SMT.PONNAMMA (PARTY -IN-PERSON) RESPONDENT(S):

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

1. DIRECTOR GENERAL OF POLICE, K ERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695010.

2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN CODE-695014.

3. THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION THIRUVANANTHAPURAM DISTRICT, PIN CODE-695036.

4. SINDHU, AGED 37, W/O. BALU @ SREEKUMAR, T.C. 26/1272, FLAT NO. 396, RAJAJI NAGAR, SECRETARIAT WARD, THIRUVANANTHAPURAM, PIN CODE-695036.

5. BALU @ SREEKUMAR, AGED 40, T.C. 26/1272, FLAT NO. 396, RAJAJI NAGAR, SECRETARIAT WARD, THIRUVANANTHAPURAM, PIN CODE-695036.

6. RAHUL, S/O. SAKEER HUSSAIN, T.C. 26/1272, FLAT NO. 396, RAJAJI NAGAR, CHENKALCHOOLA, THIRUVANANTHAPURAM, PIN CODE-695036.

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7. NATARAJAN, S/O. GANAPATHY, T.C. 26/1272, FLAT NO. 396, RAJAJI NAGAR, CHENKALCHOOLA, THIRUVANANTHAPURAM, PIN CODE -695036.

8. KAMALAMMA, W/O. NATARAJAN, T.C. 26/1272, FLAT NO. 396, RAJAJI NAGAR, CHENKALCHOOLA, THIRUVANANTHAPURAM, PIN CODE-695036.

R1 TO R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN R4 BY ADV. SRI.AJAYA KUMAR. G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

-------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1.

POHOTOCOPY OF THE FIR IN CRIME NO. 1852/2013 OF THAMPANOOR POLICE STATION ALONG WITH ITS ENGLISH TRANSLATION. EXT.P2.

PHOTOCOPY OF THE PLAINT IN O.S. NO. 1859/2014 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM.

EXT.3.

PHOTOCOPY OF THE ORDER IN I.A. NO. 8014/2014 IN O.S. NO. 1859/2014 OF THE IIND ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM DATED 1-10-2014.

EXT.P4.

PHOTOCOPY OF THE ORDER IN I.A. NO. 3572/2014 OF C.M.A. NO. 99/2014 OF THE HONOURABLE DISTRICT COURT-I, THIRUVANANTHAPURAM.

EXT.P5.

PHOTOCOPY OF THE OUT PATIENT RECORD DATED 20-12-2014 ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.

EXT.P5(A).

PHOTOCOPY OF THE OUT PATIENT RECORD DATED 21-12-2014 ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.

EXT.P6.

PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30-12-14 ALONG WITH ITS ENGLISH TRANSLATION.

EXT.P7.

PHOTOCOPY OF THE COMPLAINT DATED 3-1-2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH ITS ENGLISH TRANSLATION.

EXT.P7(A).

PHOTOCOPY OF THE RECEIPT OF ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXT.P8.

PHOTOCOPY OF THE ADVOCATE COMMISSIONER REPORT IN O.S.NO.1859/201 ON THE FILE OF MUNSIFF COURT-III, THIRUVANANTHAPURAM ALONG WITH ITS ENGLISH TRANSLATION. RESPONDENTS' EXHIBITS:

EXT.R4(A) :

TRUE COPY OF THE ORDER IN IA.8014/2014 IN OS.1859/2014 DATED 26.11.2014.

EXT.R4(B) :

TRUE COPY OF THE OUTPATIENT RECORD DATED 20.12.2014.

//TRUE COPY// P.S. TO JUDGE mbr/

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 3987 of 2015 ==================== Dated this, the 23rd day of July, 2015

J U D G M E N T

Ashok Bhushan, C.J.

This writ petition has been filed by the petitioner seeking a direction to the 3rd respondent to provide adequate police protection to the life of the petitioner. Allegations have been made in the writ petition against the 4th respondent, who claims herself to be the daughter-in-law of the petitioner. 2.

Allegations have been made against respondents 4 to 8 who allegedly attacked the petitioner with regard to which a complaint was also filed. Learned counsel appearing for the 4th respondent submits that the issue between the parties is basically family dispute. By our earlier order dated 1st April, 2015, matter was referred to the Mediation Centre, Thiruvananthapuram. A report has been filed by the mediator that matter was not settled. First Information Report has been registered against the party respondents as well as against the petitioner as alleged by the

W.P(C) No.3987/15 -:2:- learned counsel appearing for the 4th respondent. The issue sought to be raised in the writ petition cannot be entertained or decided. We only observe that role of police comes to play when any offence is committed or attempted by any of the parties. If there is any such incident, it shall be open for the petitioner as well as to the respondents to take appropriate measures. With the above observation, the writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge