Silver Garden Residents Association v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 5560 of 2015 (T) --------------------------- PETITIONER(S) :- ------------------ SILVER GARDEN RESIDENTS ASSOCIATION, 35/247A55, PAROPPADY P.O., VENGERI, CALICUT - 673 010 REPRESENTED BY ITS PRESIDENT P.BALAKRISHNAN BY ADV. SMT.BIMALA BABY RESPONDENT(S) :- ------------------

1. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, KOZHIKODE - 673 001.

2. THE SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE - 673 010.

3. AJITHKUMAR, S/O.UNNIPPERAVAN, THEKEKURNGOTT, VENGERI AMSOM, KOZHIKODE - 673 010.

4. THAHA, SUDAS HOUSE, PARAKULAM, MERIKUNNU P.O., CALICUT - 673 012.

5. S.ANILKUMAR, THAPASYA, THEYYATHUM KANDI, VENGERI P.O., 673 010.

6. T.K.SURESH BABU, THEYYATTUM KANDI HOUSE, VENGERI P.O., CALICUT - 673 010.

7. PREMNATH, PRAVINAM, VENGERI P.O., CALICUT - 673 010. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No.5560 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- True copy of the judgment dated 13.2.2015 in W.P. (C) No.4792/2015(Y).

Ext.P2 :- True copy of the representation dated 20/2/2015 submitted before the 1st respondent.

Ext.P3 :- True copy of the representation dated 20/2/2015 submitted before the 2nd respondent.

Respondent's Exhibits :- NIL.

//True Copy// P.A. to Judge

ASHOK BHUSHAN, Ag. C.J & K. VINOD CHANDRAN, J.

------------------------------------- W.P.(C) No.5560 of 2015 ------------------------------------- Dated this the 20th day of February 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

No notice is required to be issued to respondent Nos.3 to 7 in view of the nature of order being passed in the writ petition.

3.

The petitioner has come up in this writ petition seeking for a direction to respondent Nos.1 and 2 to afford adequate and effective protection to the life and property of the residents of the Silver Garden (Land Mark) Apartment against the illegal activities of respondent Nos.3 to 7. It is submitted that respondent Nos.3 to 7 have announced to hold an unlawful march on 22.2.2015, with regard to which, a complaint has already been given by the petitioner on 20.2.2015.

4.

Learned Government Pleader submits that a complaint having been filed only on today, 20.2.2015, there is no occasion to rush to the court. In so far as any law and order situation

W.P.(C) No.5560 of 2015 -: 2 :- regarding the march is concerned, the police shall take appropriate steps.

5.

We do not see any good reason to entertain the writ petition. We, however, only observe that if there is any offence being committed or attempt to commit offence, it is always open for the petitioner to submit appropriate complaint before the police authorities, who shall look into the matter in accordance with law.

With these observations, this writ petition is closed. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- K. VINOD CHANDRAN J UDGE Jvt