Rukkiya Beevi v. State Of Kerala

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 THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 6130 of 2015 (M) --------------------------- PETITIONER(S)/PETITIONER:

------------------------- RUKKIYA BEEVI AGED 65 YEARS W/O.ABDUL RASHEED, BISMI MANZIL, KUZHIVILA JUNCTION PUTHUKKUALANGARA P O, NEDUMANGADU TALUK THIRUVANANTHAPURAM DIST BY ADV. SRI.M.R.NANDAKUMAR RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA REP BY ITS SECRETARY, DEPARTMENT OF HOME THIRUVANANTHAPURAM-695001

2. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM-695001

3. DISTRICT POLICE CHIEF THIRUVANANTHAPURAM-695001

4. SUB INSPECTOR OF POLICE ARYANADU POLICE STATION, THIRUVANANTHAPURAM-695001

5. SALAH PRESIDENT, KUZHIVILA THAJUL ISLAM NAMASKARAPALLI PUTHUKULANGARA P O, THIRUVANANTHAPURAM-695541

6. NAZEER SECRETARY, KUZHIVILA THAJUL ISLAM NAMASKARAPALLI PUTHUKULANGARA P O, THIRUVANANTHAPURAM-695541

7. USHAKUMARI SECRETARY, USHAMALAIKKAL GRAMA PANCHAYATH PARUTHIKUZHI P O, 695541, THIRUVANANTHAPURAM

8. SABEER S/O.SHAMSUDHEEN, KALAYIL VEETIL , KUZHIVILA THIRUVANANTHAPURAM-695541 R1 TO R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6130 of 2015 (M) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:-A TRUE COPY OF PETITION DTD 4/2/2015 P1(A):-COPY OF THE ENGLISH TRANSLATION OF EXT P1 P2:-TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT P2(A):-TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P2 RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.6130 of 2015 ---------------------------------------------- Dated this the 26th February, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection inter alia contending that the private respondents are not permitting her to start a flour mill and they are trespassing into her property and causing damage to the property. It is further stated that an attempt has been made to assault the petitioner and even she was threatened that she will be burnt alive. The petitioner has given Exhibit P2 complaint to the Sub Inspector of Police for which no action has been taken and on 4.2.2015 another complaint has been given to the District Police Chief with copy to the Station House Officer. Since no action has been taken by the Police, the petitioner has approached this Court.

WP(C).6130/15

2. The learned State Attorney, on instruction, would submit that when Exhibit P1 complaint has been received by the Station House Officer on 15.2.2015, the petitioner was summoned, but she did not appear. The private respondents had appeared. Since the petitioner is not participating with the enquiry, further investigation could not be done in the matter. The petitioner submits that she is presently residing in another place.

3. Having regard to the aforesaid circumstances, we do not think that this is a case in which a direction as sought for can be granted. However, if the petitioner participates in the investigation, the Police shall look into the matter and do the needful.

With the above observation, the Writ Petition is closed.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs26/2/15