Siby Antony v. The Superintendent Of Police
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 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 10203 of 2014 (A) ---------------------------- PETITIONER(S):
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1. SIBY ANTONY @ JINU AGED 38 YEARS, S/O.ANTONY, RESIDING AT MUKKATTU VEEDU, KAIPUZHAMURI, KULANADA VILLAGE, KOZHANCHERY.
2. RENJI GEORGE, AGED 32 YEARS RESIDING AT PLANTHOPPIL MALAYIL, MATHUKAMURI MANTHUKA P.O., KULANADA VILLAGE.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S):
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1. THE SUPERINTENDENT OF POLICE PATHANAMTHITTA (DISTRICT POLICE CHIEF) - 689 645.
2. THE SUB INSPECTOR OF POLICE, PANDALAM. - 689 501.
3. SUBHASH, ASST. SUB INSPECTOR OF POLICE PANDALAM - 689 501.
4. G.SYAMALA , D/O.VASUMATHI, RESIDING AT IKKARA HOUSE MULAKKUZHA VILLAGE, CHENGANNUR, ALAPPUZHA - 689 121. R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10203 of 2014 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1: TRUE COPY OF THE JUDGMENT DATED 30/1/2014 IN WPC NO.527/2014 OF THIS HON'BLE COURT.
EXT.P2: TRUE COPY OF THE COMPLAINT DATED 28/3/2014 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 10203 of 2014 ---------------------------------------------- Dated this the 7th January, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioners and the learned Government Pleader. Though notice was ordered to respondents 3 and 4, which has already been served, no one has appeared for them.
2. By this Writ Petition the petitioners have prayed for a direction to respondents 1 and 2 to afford adequate protection to the life of the petitioners. It is submitted that the second respondent entered into an agreement with regard to cutting and removing of trees with one P.C.Koshy, who assigned his right to the fourth respondent as per agreement dated 13.3.2012. The petitioners' case is that they were not paid the entire amount and hence O.S.No.260 of 2013 has been filed for injunction. Allegations have been made that the third respondent,
WP(C).10203/14 who is the Assistant Sub Inspector of Police, is putting pressure on the petitioners to withdraw the suit.
3. The learned Government Pleader, after obtaining instruction, submits that a complaint has been filed by the fourth respondent before the Chief Judicial Magistrate, which has been sent to the police station for investigation being Crime No.171/2014 with regard to which the petitioners were called to police station. He further submits that no kind of pressure has been put by the third respondent on the petitioners to withdraw the suit.
4. In view of the above stand taken by the learned Government Pleader, we see no reason to issue any direction, except that the Police authorities shall ensure that law and order situation is maintained.
With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs7/1/15