Yesudasan v. City Police Commissioner, Kollam

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 MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9023 of 2015 (C) --------------------------- PETITIONER(S) :- ------------------- YESUDASAN, AGED 62 YEARS S/O.AUGUSTIN, JERUSELEM, PALAMUKKU NEDUMBANA PO, KOLLAM DISTRICT.

BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S) :- ------------------

1. CITY POLICE COMMISSIONER, KOLLAM-691 001.

2. SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, CHATHANNOOR PO KOLLAM DISTRICT-691 572.

3. LAIJU, S/O.MEBIN, LIJI BHAVAN VADAKKEMAILAKKADU PUNCHIRICHIRA COLONY, KANNANALLOR PO KOLLAM DISTRICT-691 576.

4. BAIJU, S/O.MEBIN, LIJI BHAVAN, VADAKKEMAILAKKADU PUNCHIRICHIRA COLONY, KANNANALLOR PO KOLLAM DISTRICT-691 576.

R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 9023 of 2015 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT P1 : THE TRUE COPY OF THE COMPLAINT DATED 14-03-2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXT P1(a) : THE ENGLISH TRANSLATION OF COMPLAINT DATED 14-03-2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

--------------------------------------- W.P.(C) No.9023 of 2015 ---------------------------------------- Dated this the 23rd day of March 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection. According to him, his wife is paralyzed and the children of his wife in her first marriage, namely; respondent Nos.3 and 4 have been coming to the residence and creating nuisance and threatening the petitioner and his wife with loss of life. The respondents 3 and 4 are demanding to transfer the property in which they are residing, in their favour, for which they have no right. Though complaints were given by the petitioner, no action has been taken by the police and therefore, the petitioner has approached this Court.

2.

Learned State Attorney on instructions would submit that based on Ext.P1 complaint, the parties were summoned to the police station and respondents 3 and 4 were warned that they should not obstruct the peaceful living of the petitioner and his wife in any manner. They have given an undertaking in writing before the police that they will not cause any obstruction to the

W.P.(C) No.9023 of 2015 -: 2 :- life and property of the petitioner nor would make any claim in that regard.

3.

Having regard to the aforesaid factual situation, we do not think that it is necessary to pass any order as such. However, we observe that if there is any offence being committed by respondent Nos.3 and 4 or attempt to commit offence, on the complaint of the petitioner, the police shall look into the matter and do the needful.

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