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High Court of KeralaWP(C)/11370/2012closed

Chandra Das v. State Of Kerala

2015-10-26Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 11370 of 2012 (U) ---------------------------- PETITIONER :

---------------- CHANDRA DAS AGED 48 YEARS PREMA VILASOM, NETTAYAM MURI, YEROOR VILLAGE PATHANAPURAM TALUK, KOLLAM DISTRICT.

BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY SECRETARY (HOME DEPARTMENT) SECRETARIAT TRIVANDRUM. PIN-695001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM-691001.

3. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, ANCHAL-691001.

4. NARENDRAN RAJESH BHAVAN, NEDIYARA, AGASTHIYACODE ANCHAL, PATHANAPURAM, KOLLAM-691001.

R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R4 BY ADV. SRI.AJAYA KUMAR. G THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11370 of 2012 (U) --------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF FIR No.439 OF ANCHAL POLICE DATED 6.5.2011. EXT.P2 : TRUE COPY OF THE COMPLAINT DATED 7.5.2011 BEFORE THE RDO, KOLLAM.

EXT.P3 : TRUE COPY OF THE ORDER DATED 10.05.2011 OF THE VILLAGE OFFICER, YEROOR.

EXT.P4 : TRUE COPY OF THE REPORT DATED 11.05.2011 OF VILLAGE OFFICER, YEROOR.

EXT.P5 : TRUE COPY OF THE REPORT DATED 12.08.2011 OF THE VILLAGE OFFICER, YEROOR.

EXT.P6 : TRUE COPY OF THE COMPLAINT DATED 01.08.2011 BEFORE 2ND RESPONDENT.

EXT.P7 : TRUE COPY OF THE COMPLAINT DATED 02.05.2012. EXT.P8 : TRUE COPY OF THE REPRESENTATION.

RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection alleging that the petitioner is not permitted to peacefully reside in his property on account of the threat by 4th respondent. Learned Government Pleader on instructions would submit that a civil suit is already pending between the parties.

2. Having regard to the fact that already a civil suit is pending on the issue and since no untoward incident has been reported so far, no order is required to be passed in this writ petition. We only observe that the petitioner can approach this Court if any cause of action arises in future. With the above observation the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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