Jameela v. Badrudeen

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 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 PETITIONER(S) :- -------------------

1. JAMEELA, AGED 55 YEARS W/O SUBAIRKUTTY, KUZHUVELIL THEKKETHIL VEETTIL KUNNATHOOR TALUK, PORUVAZHY VILLAGE PALLIMURI, AMBALATHUMBHAGAM PO, KOLLAM DISTRICT

2. SUDHEER, AGED 35 YEARS, S/O SUBAIRKUTTY, KUZHUVELIL THEKKETHIL VEETTIL KUNNATHOOR TALUK, PORUVAZHY VILLAGE PALLIMURI, AMBALATHUMBHAGAM PO, KOLLAM DISTRICT BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S) :- ------------------

1. BADRUDEEN, AGED 50 YEARS, SHAMINA MANSIL, PALLIMURI, PORUVAZHY VILLAGE AMBALATHUMBHAGAM PO, KOLLAM DISTRICT- 690 520

2. MR. SHAMEER, AGED 27 YEARS, S/O.BADRUDEEN, SHAMINA MANSIL, PALLIMURI, PORUVAZHY VILLAGE AMBALATHUMBHAGAM PO, KOLLAM DISTRICT- 690 520

3. NISHAD, AGED ABOUT 25 YEARS, S/O NASEEMA, CHAYAKKARU KIZHAKKETHIL HOUSE PALLIMURI, PORUVAZHY VILLAGE, AMBALATHUMBHAGAM P.O., KOLLAM DISTRICT, PIN - 690 520.

4. SUDHEER @ PDP, AGED ABOUT 30 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER PALLIMURI, PORUVAZHY VILLAGE, AMBALATHUMBHAGAM P.O., KOLLAM DISTRICT, PIN - 690 520.

5. SALIM, AGED 31 YEARS, PALLIMURI, PORUVAZHYY VILLAGE, AMBALATHUMBHAGAM P.O., KOLLAM DISTRICT, PIN - 690 520.

6. THE SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA, KOLLAM, PIN - 691 506.

7. SUB INSPECTOR OF POLICE, SOORANAD, KOLLAM, PIN - 690 522.

R6 & R7 BY SR. GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX PETITIONER(S)' EXHIBITS :- EXT.P1: TRUE COPY OF THE COMPLAINT DATED 31/3/15 WITH ENGLISH TRANSLATION.

EXT.P2: TRUE COPY OF THE RECEIPT DATED 31/3/15 WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------ //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.19428 of 2015 ------------------------------------- Dated this the 29th day of June 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioners and the learned Government Pleader.

2.

This writ petition has been filed by the petitioners seeking police protection from private respondents 1 to 5. It is stated that private respondents are their neighbours and there is dispute pertaining to a pathway between the parties. Petitioners' case is that they were attacked by the private respondents on 7.3.2015 and on 27.3.2015, the son of the first petitioner was again attacked by them, with regard to which, a complaint, Ext.P1, has been filed on 31.3.2015.

3.

Learned Government Pleader on instructions would submit that the complaint was enquired and a referral report has been submitted. It is submitted that with regard to the incident dated 7.3.2015, a crime has already been registered against the 2nd petitioner and it has been charge sheeted. It is further submitted that Ext.P1 complaint was enquired and it was found

W.P.(C) No.19428 of 2015 -: 2 :- that there is no further incident apart from the incident on 7.3.2015 and that is why, the referral report has been filed. In so far as the referral report is concerned, the petitioners shall take such steps as permissible under law.

In the above view of the matter, we do not find any reason to issue any direction as prayed for in the writ petition at this stage. It is hence, closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt