C.K. Fathima, v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 22396 of 2012 (Y) ------------------------------------------- PETITIONER(S) :

------------------------- C.K.FATHIMA, W/O. ABOOBACKER, CHANGAMPALLI KODANIYIL, KOMULLAKKANAKATH, POST VETTOM, TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S) :

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

1. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM DISTRICT- 675 051.

2. THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPRURAM DISTRICT- 675 051.

3. SADDDIQUE, S/O. HAMZA, PANDARATHIL HOUSE, PULIYANPALAM, POST VETTOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 102.

4. HAMZA, PANDARATHIL HOUSE, PULIYANPALAM, POST VETTOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 102.

5. ALIKUTTY, S/O.KUNHON HAJI, KUMMIL, POST VETTOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN- 676 102. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R5 BY ADVS. SRI.BLAZE K.JOSE SMT.N.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 22396 of 2012 (Y) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT-P1:

TRUE COPY OF THE DOCUMENT NO. 2908/2005 OF SRO, TIRUR DATED 27/08/2005.

EXHIBIT-P2:

TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VETTOM VILLAGE OFFICE, DATED 13/08/2012.

EXHIBIT-P3:

TRUE COPY OF THE JUDGMENT DATED 27/07/2009 IN W.P.(C).NO.20968/2009 OF THIS HON'BEL COURT.

EXHIBIT-P4:

TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09/11/2010.

EXHIBIT-P5:

TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 09/08/2012.

EXHIBIT-P6:

TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 10/09/2012.

EXHIBIT-P7:

TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT DATED 20/09/2012.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 22396 of 2012 ================== Dated this, the 2nd day of November, 2015

J U D G M E N T

Shaffique, J.

This writ petition has been filed by the petitioner seeking for police protection alleging that respondents 3 to 5 are creating obstruction in the matter relating to construction of a compound wall.

2.

Apparently, the issue between the parties is a civil dispute. It is also stated by the learned Government Pleader that civil suit is already pending.

3.

Having regard to the aforesaid factual situation, we do not think that any direction as sought for is necessary to be issued in the case. We only observe that if there is any offence committed or attempt to commit offence, it shall be open for the petitioner to file a complaint before the police, which shall be

W.P(C) No.22396/12 -:2:- looked into and needful be done.

Writ petition is disposed of accordingly.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp 2/11/2015 //True Copy// PS to Judge