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High Court of KeralaWP(C)/15626/2015closed

Gopalakrishnapillai v. Circle Inspector Of Police

2015-05-27Honourable Mr. Justice Sunil Thomas5 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 WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 15626 of 2015 (C) ---------------------------- PETITIONER :

---------------- GOPALAKRISHNAPILLAI AGED 63 YEARS S/O.PARAMESWARAN PILLAI, KALLUVILA VEEDU, MOOTHALA P.O PALLICKAL VILLAGE, VARKALA TALUK THIRUVANANTHAPURAM DISTRICT, PIN-695 604 BY ADV. SRI.PRAMOD KOCHUTHOMMEN.E.

RESPONDENTS :

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

1. CIRCLE INSPECTOR OF POLICE KILIMANOOR, KILIMANOOR P.O THIRUVANANTHAPURAM DISTRICT

2. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION THIRUVANANTHAPURAM DISTRICT PIN CODE 695 604

3. AJITHA, AGED 42 YEARS W/O.HARIDASAN, HARICHANDRA VILASOM, MOOTHALA P.O PALLICKAL VILLAGE, VARKALA TALUK THIRUVANANTHAPURAM DISTRICT, PIN -695 604

4. SOORAJ, AGED 22 YEARS S/O.HARIDASAN, HARICHANDRA VILASOM, MOOTHALA P.O PALLICKAL VILLAGE, VARKALA TALUK THIRUVANANTHAPRUAM DISTRICT, PIN 695 604 R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15626 of 2015 (C) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1 : THE MARRIAGE INVITATION CARD OF THE DAUGHTER OF THE PETITIONER DATED 28-05-2015.

EXHIBIT P2 : THE COPY OF THE PLAINT IN O.S NO 187 OF 2012 BEFORE THE MUNSIFFS COURT,VARKALA-TRUE ENGLISH TRANSLATION SUBMITTED.

EXHIBIT P3 : THE TRUE COPY OF THE ORDER DATED 23-05-2012 PASSED IN I.A NO 1565 OF 2012 IN O.S NO 187 OF 2012 ON THE FILE OF THE MUNSIFFS COURT,VARKALA.

EXHIBIT P4 : THE COPY OF THE PETITION DATED 26-05-2015 SUBMITTED BEFORE THE FIRST RESPONDENT.

EXHIBIT P5 : THE COPY OF PETITION SUBMITTED BEFORE THE SECOND RESPONDENT DATED 26-005-2015.

EXHIBIT P6 : THE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED DATED 26-05-2015 FROM THE FIRST AND SECOND RESPONDENT RESPONDENTS' EXHIBITS :

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

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15626 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2015

JUDGMENT

Shaffique, J.

Petitioner has approached this Court seeking police protection. It is inter alia alleged that there is civil dispute between the petitioner and 3rd respondent with reference to the use of pathway. Petitioner had already obtained an interim injunction restraining respondents 3 and 4 and their men from obstructing the use of pathway by the petitioner. Petitioner submits that the marriage functions of the petitioner's daughter is scheduled to be conducted on 27.05.2015 and 28.05.2015. Apprehending that there might be obstruction on the part of respondents 3 and 4, a complaint has been given to the police seeking adequate police protection permitting the petitioner to use the pathway during the marriage functions. Since the police did not take any action, he has approached this Court.

2. Learned Government Pleader on instructions would submit that 3rd respondent is the sister-in-law of the

WP(C) No. 15626 of 2015 -:2:- petitioner and Police, on receipt of the complaint, had summoned the parties and they were asked not to create any nuisance during the marriage function.

3. Having regard to the aforesaid factual situation, we do not think that any further order is required to be passed. However, it is observed that the Police shall keep a vigil on the activities with reference to the function being held on 27.05.2015 and 28.05.2015 and avoid any untoward incident in the matter. With the above observation, the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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