High Court of KeralaWP(C)/7701/2015closed

Shabu Mon v. District Police Chief

2015-03-11Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

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 WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 7701 of 2015 (K) --------------------------- PETITIONER(S) :- ------------------

1. SHABU MON, AGED 50 YEARS, S/O.EISAKUTTY, KARITTIL HOUSE, THIRUVAMBADI P.O., ALAPPUZHA - 688 002.

2. SAIHUNNIZA, AGED 43, W/O.SHABU MON, KARITTIL HOUSE, THIRUVAMBADI P.O., ALAPPUZHA - 688 002.

3. SULFATH SHABU, AGED 22, D/O.SHABU MON, KARITTIL HOUSE, THIRUVAMBADI P.O., ALAPPUZHA - 688 002. BY ADVS.SRI.K.T.THOMAS SRI.D.SREENATH SMT. TEENA MARY THOMAS SRI.G.KIRAN RESPONDENT(S) :- -----------------

1. DISTRICT POLICE CHIEF, ALAPPUZHA DISTRICT, ALAPPUZHA - 688 001.

2. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001.

3. SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA - 688 001.

4. ALI, A1-SHIFA HOUSE, CHOINTAVIDA P.O., NEW MAHI, CHALAKKARA-688 012.

5. NAZEEMA, W/O.ABDUL SATHAR, CHOINTAVIDA P.O., NEW MAHI, CHALAKKARA - 688 012.

6. VIJAYA KUMAR, MUNICIPAL COUNCILOR, PARVATHY BHAVANAM, P.T.R.A 79, PAZHAVEEDU P.O., ALAPPUZHA - 688 012. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.7701 OF 2015 APPENDIX Petitioners' Exhibits :- Ext.P1 :- A true copy of the lawyers notice issued by 5th respondent dated 10.3.2014.

Ext.P2 :- A true copy of the reply notice of 1st petitioner dated 28.3.2014.

Ext.P3 :- A true copy of the complaint dated 3.3.2015 filed before the 3rd respondent along with English translation. Respondent's Exhibits :- NIL.

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

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

-------------------------------------- W.P.(C) No.7701 of 2015 ------------------------------------ Dated this the 11th day of March 2015

J U D G M E N T

Shaffique, J.

The petitioners have approached this Court alleging harassment by respondent Nos.4, 5 and 6. It is inter alia stated that they have threatened the petitioners that the petitioners would be killed and they demanded huge amount and exorbitant interest from the petitioners. Though complaint was filed before the police, no action has been taken in the matter. 2.

Learned Government Pleader on instructions would submit that the first petitioner was involved in certain crimes, he was arrested and later granted bail. There is allegation in the complaint that for providing admission to students aspiring for MBBS course, the petitioners had collected huge amount from others. Further, it is submitted that in the enquiry conducted by the police, it would reveal that there is no threat as such.

W.P.(C) No.7701 of 2015 -: 2 :- 3.

Having regard to the aforesaid factual situation, we do not think that the petitioners are entitled for a direction as sought for. However, we observe that if there is any offence being committed or attempt to commit offence, on the complaint of the petitioners, the police shall look into the matter and do the needful in accordance with law. With the above observation, this writ petition is closed.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt