Suhara v. Mohammed

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 FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 WP(C).No. 6323 of 2015 (M) --------------------------- PETITIONER(S) :- ------------------ SUHARA, AGED 40 YEARS, W/O.MUHAMMADALI, PADINJARANGADI P.O., PALAKKAD. BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S) :- ------------------

1. MOHAMMED, S/O.AHMMED RESIDING AT VELLICHATHAMKULANGARA HOUSE, KUMARANELLOOR AMSOM, KALLADATHOOR DESOM, PADINJARANGADI P.O., PALAKKAD DISTRICT - 678 110.

2. SASAD, S/O.MOHAMMED, RESIDING AT VELLICHATHAMKULANGARA HOUSE, KUMARANELLOOR AMSOM, KALLADATHOOR DESOM, PADINJARANGADI P.O., PALAKKAD DISTRICT - 678 110.

3. HAMSA, S/O.MOHAMMED, RESIDING AT VELLICHATHAMKULANGARA HOUSE, KUMARANELLOOR AMSOM, KALLADATHOOR DESOM, PADINJARANGADI P.O., PALAKKAD DISTRICT - 678 110.

4. SAHEER, S/O.MOHAMMED RESIDING AT VELLICHATHAMKULANGARA HOUSE, KUMARANELLOOR AMSOM, KALLADATHOOR DESOM, PADINJARANGADI P.O., PALAKKAD DISTRICT - 678 110.

5. SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT - 678 001.

6. DEPUTY SUPERINTENDENT OF POLICE, SHORNUR - 678 010.

7. CIRCLE INSPECTOR OF POLICE, PATTAMBI, PALAKKAD DISTRICT - 678 040.

8. SUB INSPECTOR OF POLICE, TRITHALA, PALAKKAD DISTRICT - 678 058. R5 TO R8 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.6323 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- True copy of the counter affidavit filed by the first respondent (without exhibits).

Ext.P2 :- True copy of the judgment dated 24.11.2011 in W.P.C.27632 of 2011.

Ext.P3 :- True copy of the petition filed by the petitioner before respondents 5 to 8 dated 15.2.2015.

Respondent's Exhibits :- NIL.

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

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

---------------------------------- W.P.(C). No.6323 of 2015 ------------------------------------ Dated this the 27th day of February 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection alleging trespass and threatening by respondents 1 to

4. According to her, there was some dispute regarding use of pathway, which was already settled. Earlier, the petitioner had approached this Court by filing W.P.(C) No.27632 of 2011 seeking police protection and by judgment dated 24.11.2011, this Court had directed to maintain law and order by the police. According to the petitioner, she is residing alone with her children and her husband is abroad and if the threat continues, it will cause great danger to her life as well as the life of her children. The petitioner had submitted Ext.P3 complaint, but no action has been taken by the police, despite the existence of the judgment in her favour, is the complaint of the petitioner.

2.

Learned Government Pleader submits that since already a direction had been issued by this Court by way of judgment dated 24.11.2011, no further direction is required in the matter.

W.P.(C). No.6323 of 2015 -: 2 :- 3.

Having regard to the aforesaid factual situation, we direct the respondent police authorities to look into Ext.P3 complaint made by the petitioner and take appropriate measures in the light of the judgment dated 24.11.2011 in W.P.(C) No.27632 of 2011.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt