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High Court of KeralaWP(C)/18767/2015disposed of

Thankam v. Superintendent Of Police

2015-06-23Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 18767 of 2015 (U) ------------------------------------------ PETITIONER(S) :

------------------------- THANKAM, AGED 84 YEARS, W/O.LATE SAMBASIVAN, VAZHOOR HOUSE, PALLIPRAM, CHAVAKKAD, THRISSUR DISTRICT.

BY ADV. SMT.P.R.REENA RESPONDENT(S):

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

1. SUPERINTENDANT OF POLICE, AYYANTHOL, THRISSUR, PIN- 680 003.

2. THE CIRCLE INSPECTOR, VALAPPAD POLICE STATION, THRISSUR, PIN- 680 567.

3. SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR, PIN- 680 567.

4. SIVADAS, S/O.SAMBASIVAN, VAZHOOR HOUSE, PALLIPRAM, CHAVAKKAD, THRISSUR, PIN- 680 506.

5. SREEJA, W/O.SIVADAS, VAZHOOR HOUSE, PALLIPRAM, CHAVAKKAD, THRISSUR, PIN- 680 506.

R1 TO R3 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 18767 of 2015 (U) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

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

TRUE COPY OF THE ORDER IN C.M.A.NO.5409/08 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR, DATED 15.11.2008.

EXHIBIT P2:

TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.10872/2009 DATED 02.04.2009.

EXHIBIT P3: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06.03.2015.

EXHIBIT P4: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.04.2015.

EXHIBIT P5: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.04.2015.

RESPONDENT(S)' EXHIBITS :

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

Msd.

K. ABRAHAM MATHEW, J.

==================== W.P.(C)No. 18767 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2015

J U D G M E N T

The petitioner has obtained an order under Section 19 of the Protection of Women from Domestic Violence Act, 2005 in her favour. The relief granted is residence order under Section 19 of the Act. Her complaint is that the direction has not been complied with and the police have refused to enforce the order 2.

Heard.

3.

Since the order passed is under Section 19 of the Act. Section 31 of the Act is not attracted. If respondents 4 and 5 have not complied with the direction or if they have violated the direction, the petitioner may file a petition before the learned Magistrate concerned for enforcing the order. If such an application is filed, the learned Magistrate is directed to pass appropriate orders for the enforcement of the direction. With these observations this petition is closed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge