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High Court of KeralaWP(C)/15879/2015closed

Surendran.C v. The State Police Chief

2015-05-29Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 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 FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 15879 of 2015 () --------------------------- PETITIONER(S):

-------------------------- SURENDRAN.C AGED 65 YEARS S/O. CHELLAPPAN, TC 13/1364 (1), SUBHAGAM BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM - 695 011.

BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S):

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

1. THE STATE POLICE CHIEF THIRUVANANTHAPURAM - 695 010.

2. THE DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

3. THE CIRCLE INSPECTOR OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

4. THE SUB INSPECTOR OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

5. JAYAKUMAR S/O. THANKAPPA PANICKER, PARAYAM VILAKATHU VEEDU ATHIYANNOOR VILLAGE, NEYYATTINKARA THIRUVANANTHAPURAM - 695 121.

BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15879 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE ORDER DT. 10.12.03 IN OS NO. 855/02 ON THE FILE OF THE COURT OF ADDITIONAL MUNSIFF -II, NEYYATTINKARA. P2 - TRUE COPY OF THE ORDER DT. 06.4.15 IN IA 1178/15 IN OS NO. 216/15 ON THE FILE OF COURT OF 1ST ADDITIONAL MUNSIFF, NEYYATTINKARA. P3 - TRUE COPY OF THE REPRESENTATION DT. 18.5.15 SUBMITTED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS NILAYAM --------------------------------------- Rp //True Copy// PA to Judge

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

================ W.P (C) No. 15879 of 2015 ===================== Dated this, the 29th day of May, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned State Attorney. No notice is being issued to 5th respondent in view of the judgment which is being passed.

2.

Petitioner has come up in the writ petition seeking police protection against the 5th respondent, who, according to the petitioner, is his brother-in-law. Petitioner in this writ petition has already stated that civil litigation is pending between the petitioner and the 5th respondent regarding property dispute. Petitioner claims to have filed Ext.P3 complaint on 18th May, 2015. Learned State Attorney submits that after receiving the complaint, both the parties were called on 26/5/15 and after coming to know that civil suit is pending regarding property dispute, no further action has been taken by the police. Learned State Attorney submits that there is no law and order situation as

W.P (C) No. 15879/15 -:2:- on date. In that view of the matter, we see no reason to issue any order in the writ petition. We only observe that, in the event of any commission of offence or attempt to commit offence, it shall always be open for the petitioner to file complaint before the police, who may look into the same and take appropriate action. Writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PA to Judge