Sebastian C.J. Velvin v. James Kalathil
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12031 of 2015 (D) ---------------------------- PETITIONER(S) :- ------------------ SEBASTIAN C.J. VELVIN, COCHEEKARAN, PATHIRAPPALLY P.O., CHETTICAD, ALLEPPEY - 688 521. BY ADVS.SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS RESPONDENT(S) :- ------------------
1. JAMES KALATHIL, S/O.AUGUSTINE, KALATHIL HOUSE, CHETTICAD, PATHIRAPPALLY P.O., ALAPPUZHA - 688 521.
2. JOSY KALATHIL, S/O.AUGUSTINE, KALATHIL HOUSE, CHETTICAD, PATHIRAPPALLY P.O., ALAPPUZHA - 688 521.
3. ALEXANDER DEVASIA, SYLVANDER HOUSE, CHETTICAD, PATHIRAPPALLY P.O., ALAPPUZHA - 688 521.
4. CIRCLE INSPECTOR OF POLICE, NORTH POLICE STATION, ALAPPUZHA - 688 001.
5. SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001.
6. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R4 TO R6 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-042015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt
WP(C).No.12031 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- True copy of the registration certificate dated 18.6.2014 issued to the petitioner as an overseas citizen of India. Ext.P2 :- True copy of the complaint dated 31.3.2015 filed by the petitioner before the respondents 4 and 5. Ext.P3 :- True copy of the receipt dated 1.4.2015 issued by the respondents 4 and 5 with its English translation evidencing the acceptance of Ext.P2 complaint.
Respondent's Exhibits :- NIL.
//True Copy// P.A. to Judge
ASHOK BHUSHAN, C.J & SHAJI P. CHALY, J.
---------------------------------- W.P.(C) No.12031 of 2015 ------------------------------------- Dated this the 10th day of April 2015
J U D G M E N T
Ashok Bhushan, C.J Heard the learned counsel for the petitioner and the learned State Attorney.
2.
We are not issuing notice to the private respondents in view of the order being passed in the writ petition. 3.
The petitioner has filed the writ petition seeking police protection from respondents 1 to 3. Respondents 1 to 3 are claiming to be neighbours of the petitioner. Allegations have been made that respondents 1 to 3 are threatening the petitioner and creating all sorts of trouble and disrupting the peaceful life of the petitioner and his workmen. The petitioner has filed Ext.P2 complaint to respondents 4 and 5, but no action has been taken in the matter and hence, he approached this Court. 4.
Learned State Attorney on instructions would submit that the police has enquired into the matter and there were neither any offence was found nor any nuisance and that the
W.P.(C) No.12031 of 2015 -: 2 :- vehicles which were parked near the petitioner's house were also removed on the complaint received from the petitioner. In the above view of the matter, we see no reason to issue any further direction as sought for in this petition. We only observe that if any offence being committed or attempt to commit offence, it shall be open for the petitioner to approach the police by filing appropriate complaint, in which event, the police shall look into the matter and do the needful.
With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- SHAJI P. CHALY JUDGE Jvt