High Court of KeralaWP(C)/11233/2014closed

Viswambaran V.N v. State Of Kerala

2015-11-21Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 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 SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 ---------------------------- PETITIONER :

---------------- VISWAMBARAN V.N., AGED 54 YEARS S/O MR.NARAYANAN, RESIDING AT VELIYHATHVEETTIL THURAVOOR P.O., THURAVOOR, ANGAMALY-683572.

BY ADVS.SRI.C.A.MAJEED SRI.K.H.ASIF SMT.RAAGA R.RAMALAKSHMI SRI.K.J.SHARATH KUMAR RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. DISTRICT SUPERINTENDENT OF POLICE ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-683101.

3. DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR, ERNAKULAM DISTRICT-683542.

4. CIRCLE INSPECTOR OF POLICE POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT-683572.

5. SUB INSPECTOR OF POLICE ANGAMALY POLICE STATION, ANGAMALY ERNAKULAM DISTRICT-683572.

6. M.T.KURIAKOSE, AGED 55 YEARS S/O MR. THOMAS, MADAVANA HOUSE, KEEZHILLAM PERUMBAVOOR, ERNAKULAM DISTGRICT-686665.

7. GEORGE AUGUSTINE, AGED 58 YEARS S/O MR. AUGUSTINE, N.R.CITY, RAJAKKAD P.O.

IDUKKI DISTRICT-685566.

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8. ALIAS VARGHESE, AGED 40 YEARS S/O MR. VARGHESE, RESIDING AT VEZHAPARAMBAN HOUSE ANAPPARA P.O., MANJAPRA, ANGAMALY ERNAKULAM DISTRICT-695551.

9. SHOBA BOSE, AGED 44 YEARS W/O MR. BOSE, VANIYAKKAD HOUSE, CHERIYAPALLI PARAVUR, ERNAKULAM DISTRICT-683513.

10. EMILI MATHEW, AGED 46 YEARS W/O MR. MATHEW, VETTAPALA HOUSE, ODAKKALI P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT-686174.

11. ALPHONSA GEORGE, AGED 40 YEARS W/O MR. GEORGE, MAADAN HOUSE, KOKKUNNU MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM DISTRICT-683577.

12. V.V.JOSE, AGED 50 YEARS S/O MR. VARGHESE, VADAKKEPEEDIKA HOUSE, ALOOR P.O. THRISSUR DISTRICT-680683.

13. P.L.JOY, AGED 46 YEARS S/O MR. LUISE, PALLIPADAN HOUSE, CHULLY P.O.

MANJAPRA, ANGAMALY, ERNAKULAM DISTRICT-683581. R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS R6,R7,R11 & 12 BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.C.V.MANUVILSAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : PHOTOCOPY OF ONE OF THE AWARDS PASSED BY KELSA DATED 2.12.2013.

EXHIBIT P2 : PHOTOCOPY OF THE NOTICE PUBLISHED BY 6TH AND 7TH RESPONDENTS.

EXHIBIT P3 : PHOTOCOPY OF THE NOTICE PUBLISHED BY 13TH RESPONDENT. EXHIBIT P4 : PHOTOCOPY OF THE COMPLAINT DATED 3.4.2014 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 : PHOTOCOPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT. EXHIBIT P6 : PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN DESABHIMANY NEWSPAPER ON 1.4.2014.

EXHIBIT P7 : PHOTOCOPY OF THE INTERIM ORDER DATED 11.4.2014 PASSED BY THIS HON'BLE COURT IN WPC NO.10704 OF 2014. RESPONDENTS' EXHIBITS :

-------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11233 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection alleging that respondents 6 to 12 are threatening and conducting demonstrations, picketing etc in front of his house. An interim order had already been passed by this Court on 22.04.2014 by which the Police was directed to maintain law and order.

2. Learned counsel for the petitioner submits that the petitioner apprehends such threats again from respondents 6 to 12. Learned counsel appearing for respondent Nos.6, 11 and 12 submits that they have already approached the Legal Services Authority and an award has already been passed against the Society and they are only proceeding to execute the award passed.

3. Having regard to the aforesaid submission we do not think that any further directions are required to be passed

WP(C) No. 11233 of 2014 -:2:- in this petition. However, we only observe that if there is any threat by which the party respondents may either obstruct or make agitation at the residence of the petitioner, on the complaint of the petitioner, Police shall look into the same and do the needful in accordance with law.

With the above observation, the Writ Petition is disposed of.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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