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High Court of KeralaWP(C)/19865/2015dismissed

George v. The Circle Inspector Of Police, Devikulam Police Station

2015-07-02Honourable 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 THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19865 of 2015 (G) ---------------------------- PETITIONER :

---------------- GEORGE AGED 66 YEARS S/O. VARGHESE, MANJUMMEL KUDI HOUSE, MANJAKUZHI RAJAKUMARI P.O, IDUKKI DISTRICT BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS :

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1. THE CIRCLE INSPECTOR OF POLICE, DEVIKULAM POLICE STATION DEVIKULAM, IDUKKI DISTRICT 685 586.

2. THE SUB INSPECTOR OF POLICE, SANTHAMPARA POLICE STATION, IDUKKI DISTRICT 685 585

3. SOPHY, UPPUMAKKAL HOUSE, KDH VILLAGE, DEVIKULAM TALUK DEVIKULAM, IDUKKI DISTRICT 685 586 R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19865 of 2015 (G) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

------------------------------ EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER'S SON EXHIBIT P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE EXHIBIT P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE EXHIBIT P4 TRUE COPY OF THE REPRESENTATION OF THE 3RD RESPONDENT BEFORE THE DISTRICT PROTECTION OFFICER EXHIBIT P5 TRUE COPY OF THE RODER OF THE LEARNED MAGISTRATE DATED 04-11-2008 IN M.LC NO 76/2008 EXHIBIT P6 TRUE COPY OF THE ORDER OF THE SESSIONS COURT,THODUPUZHA IN CRL. APPEAL NO 352/2008 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19865 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. The petitioner has come up with this writ petition seeking police protection against the 3rd respondent. Petitioner's case is that 3rd respondent, claiming to be the wife of petitioner's son, has obtained an order from the Magistrate Court under the provisions of Protection of Women from Domestic Violence Act, 2005, which order was subsequently vacated by an order of Sessions Court on 14.10.2011. Petitioner's case is that though he is still in strength of the ex-parte order, the 3rd respondent is trying to trespass into his residential house and the shop room of the petitioner.

The issue raised relates to the immovable property and its enjoyment. We only observe that the petitioner is at

WP(C) No. 18610 of 2015 -:2:- liberty to seek appropriate relief from the Civil Court. We are of the view that present is not a case for issuing police protection order. Accordingly, the Writ Petition is dismissed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/02/07