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High Court of KeralaWP(C)/12243/2013closed

Maya v. The State Of Kerala

2015-07-20Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 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 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 12243 of 2013 (E) ---------------------------- PETITIONER:

------------------- MAYA, AGED 35 YEARS, W/O. SURENDRAN, VILAYIL HOUSE, KADUVINNAL P.O., VALLIKKUNNAM, ALAPPUZHA DISTRICT.

BY ADV. SMT.S.L.SYLAJA RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT POLICE CHIEF, ALAPPUZHA DISTRICT - 688 001.

3. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT - 688 001.

4. THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT - 688 001.

5. RAJENDRAN, ASSISTANT SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT - 688 001.

6. SURENDRAN K., AGED 45 YEARS, S/O.KARUNAKARAN, VILAYIL HOUSE, KADUVINNAL P.O., VALLIKKUNNAM, ALAPPUZHA DISTRICT - 688 001.

7. KARUNAKARAN, AGED 68 YEARS, VILAYIL HOUSE, KADUVINNAL P.O., VALLIKKUNNAM, ALAPPUZHA DISTRICT - 688 001.

--2--

--2-- WP(C).No. 12243 of 2013 (E) ---------------------------------------

8. SARASAMMA, AGED 65 YEARS, W/O. KARUNAKARAN, VILAYIL HOUSE, KADUVINNAL P.O., VALLIKKUNNAM, ALAPPUZHA DISTRICT - 688 001.

R1 TO R4 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR R7 & R8 BY ADV. SRI.K.R.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015 ALONG WITH WPC.15434/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 12243 of 2013 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPY OF THE ORDER DATED 2.6.2012 IN CMP NO.3306/2012 IN MC NO.60/2012 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKKARA.

P2 :

TRUE COPY OF THE PETITION DATED 8.10.2012 FILED UNDER SECTION 31 OF THE D.V.ACT.

P3 :

TRUE COPY OF THE COMPLAINT DATED 30.4.2013 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

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

* * * * * * * * * * * * * ------------------------------------------------- Dated this the 20th day of July 2015

J U D G M E N T

Shaffique, J Petitioners in W.P.C.No.15434 of 2013 have approached this Court seeking police protection alleging that the 3rd respondent, their daughter-in-law is threatening them and unless protection is granted, their life will be in danger.

2.

W.P.C.No.12243/2013 has been filed by the daughterin-law of the petitioners in W.P.C.No.15434/2013 alleging harassment by the police inter alia stating that, on account of the complaints given by respondents 5 to 8, police is unnecessarily harassing her.

3.

The facts involved in the writ petition would disclose that the petitioner in W.P.C.No.12243/2013 has obtained an order for residence under the Protection of Women from Domestic Violence Act and she is residing in the same building where the petitioners in W.P.C.No.15434/2013 are residing.

4.

This writ petition has been pending since 2013 and no untoward incident has been reported so far. Under such circumstances, we do not think that there is any necessity to issue any direction, as sought for in these writ petitions. Accordingly, these writ petitions are closed with liberty to the petitioners to approach this Court, if any further cause of action arises.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr