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High Court of KeralaWP(C)/9272/2015closed

Bhanumathy v. District Police Chief

2015-03-24Honourable 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 TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9272 of 2015 (H) --------------------------- PETITIONER:

------------------- BHANUMATHY AGED 68 YEARS W/O. LATE BHASKARAN, PRAVEEN NIVAS, MANGANAM VIJAYAPURAM, MANGANAM P.O., KOTTAYAM DISTRICT. BY ADVS.SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR RESPONDENTS:

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

1. DISTRICT POLICE CHIEF KOTTAYAM DISTRICT, KOTTAYAM - 686 002.

2. CIRCLE INSPECTOR OF POLICE KOTTAYAM EAST, KOTTAYAM - 686 002.

3. SUB INSPECTOR OF POLICE KOTTAYAM EAST POLICE STATION, KOTTAYAM - 686 002.

4. MONAPPAN PUTHUPARAMBIL HOUSE, KANJIRATHUMOODU, PUTHUPALLI KOTTAYAM DISTRICT - 686 018.

5. P.M.SABU ETTUPURAYIL HOUSE, MANGANAM P.O., KOTTAYAM - 686 018.

6. SASI S/O.GOVINDAN, KOLLAMPARAMBIL HOUSE, MANGANAM P.O. KOTTAYAM - 686 018.

7. KOCHUMON S/O. AVARAN, ETTUPURAYIL HOUSE, MANGANAM P.O. KOTTAYAM - 686 018.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9272 of 2015 (H) --------------------------- APPENDIX PETITIONER EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE KOTTAYAM DISTRICT POLICE CHIEF ON 23.9.14.

P2 - TRUE COPY OF THE RECEIPT DT. 24.9.14.

P3 - TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE, KOTTYAM ON 23.2.15.

P4 - TRUE COPY OF THE RECEIPT DT. 24.2.15.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ PA TO JUDGE JJJ

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

--------------------------------------- W.P.(C) No.9272 of 2015 ---------------------------------------- Dated this the 24th day of March 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection. It is submitted that the petitioner is living with her son, who is not mentally fit. The private respondents, with whom the petitioner has civil dispute, are threatening the petitioner and her son and forcing her to withdraw the complaint and to settle the civil dispute. It is alleged that the private respondents have manhandled the petitioner's son. It is further stated that the petitioner is a cancer patient and that because of the threat from the private respondents, she is not in a position to move out of the house. Though complaints were given to the police as Exts.P1 and P3, no action has been taken in the matter. 2.

Learned Government Pleader on instructions would submit that the incident on 16.9.2014, which is referred to in the writ petition as well as in the complaints was in relation to the petitioner's son, on account of his mental instability, entered into the property of another person and caused some damages. He

W.P.(C) No.9272 of 2015 -: 2 :- was taken to the police station and thereafter he was released on finding that he was mentally unstable. Thereafter no untoward incident has been reported.

3.

Having regard to the aforesaid factual situation, we do not find it necessary to pass any further order. We only observe that if there is any offence being committed 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