Thomas T.T. v. State Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 ---------------------------- PETITIONER :
--------------- THOMAS T.T., AGED 76 YEARS SON OF T.V.THOMAS, THAZHE MANNIL GRACE BHAVAN KOONAMKUZHI, PUNALUR P.O., KOLLAM DISTRICT.
BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS :
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1. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 010.
2. THE DISTRICT POLICE CHIEF (KOLLAM RURAL) OFFICE OF THE DISTRICT POLICE CHIEF, KOTTARAKKARA KOLLAM DISTRICT, PIN. 691 506.
3. THE SUB INSPECTOR OF POLICE PUNALUR, KOLLAM, PIN. 691 305.
4. FATHER MATHEW MAROTTIMOOTTIL PARISH PRIEST, ST.JOSEPHS MALANGARA CATHOLIC CHURCH PANANGADU, PUNALUR P.O., PIN. 691 305.
5. BAIJU MATHEW PARAKKULATHU VEEDU, KANIRAMALA, PPM P.O.
PUNALUR, PIN. 691 305.
6. REJI YOHANNAN KANGIRAMALA PUTHEN VEEDU, PAPPER MILL, PUNALUR PIN. 691 305.
7. FRANCIS KATTOOR SON OF THOMAS, KATTOOR THUNDIL, BHARANIKAVU PUNALUR P.O, PIN. 691 305.
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8. SUNITHA FRANCIS WIFE OF FRANCIS RESIDING AT KATTOOR THUNDIL BHARANIKAVU, PUNALUR P.O., PIN. 691 305.
R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
--------------------------------- APPENDIX PETITIONER'S EXHIBITS :
----------------------------- EXT.P1 - A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR. P1(A) - A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 COMPLAINT. EXT.P2 - A TRUE COPY OF THE COMPLAINT DATED 08.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
EXT.P2(A) - A TRUE ENGLISH TRANSLATION OF EXHIBIT P2 COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.16432 of 2015 ---------------------------------------------- Dated this the 4th June, 2015
JUDGMENT
Ashok Bhushan, CJ.
Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 4 to 8, in view of the order, which is being passed.
2. The petitioner has prayed for a mandamus commanding the second and third respondents to afford protection to the petitioner and his family members while attending the daily mass and Sunday Service in St.Josephs Malangara Catholic Church, Panangadu, Punalur from the threat of violence from respondents 5 to 8.
3. From the facts stated in the Writ Petition, it does appear that the dispute between the parties is with regard to Arch Diocese Parish Council and its membership. The
WP(C).16432/15 learned Government Pleader has also pointed out that the petitioner has filed a complaint before the Judicial First Class Magistrate Court being CMP.2800 of 2015. Learned counsel for the petitioner submits that he is being obstructed in offering prayer in the Church.
In view of the above facts of the case, we are of the view that it is open for the petitioner to seek appropriate relief from the competent Civil Court. Present is not a case for granting any police protection. The Writ Petition is closed.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs4/6/15