High Court of KeralaWP(C)/23143/2013closed

C.V.Dhanya Devi v. State Of Kerala

2014-12-20Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE 20TH DAY OF DECEMBER 2014/29TH AGRAHAYANA, 1936 WP(C).No. 23143 of 2013 (P) ---------------------------- PETITIONER(S) :- ------------------

1. C.V.DHANYA DEVI, AGED 23 YEARS D/O.C.K.VISWANATHAN, RESIDING AT CHUNGASSERY HOUSE NEAR THURUTHI TEMPLE, MARADU P.O., KOCHI - 682 304

2. P.A.RADHAMANI, AGED 55 YEARS W/O.C.K.VISWANATHAN, RESIDING AT CHUNGASSERY HOUSE NEAR THURUTHI TEMPLE, MARADU P.O., KOCHI - 682 304. BY ADV. SMT.K.NANDINI RESPONDENT(S) :- ------------------

1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE MARADU POLICE STATION.

2. PETER, S/O.DEVASSYA, PURAPPULLI PARAMBIL HOUSE NEAR THURUTHY TEMPLE, MARADU P.O., KOCHI - 682 304.

3. ELSY PETER, W/O.PETER, PURAPPULLI PARAMBIL HOUSE NEAR THURUTHY TEMPLE, MARADU P.O., KOCHI - 682 304.

4. BINU, W/O.PETER, PURAPPULLI PARAMBIL HOUSE NEAR THURUTHY TEMPLE, MARADU P.O., KOCHI - 682 304. ADDL.5.THE SUB INSPECTOR OF POLICE, MARADU POLICE STATION, MARADU.

SUO MOTU IMPLEADED AS PER ORDER DTD.12.9.2013. R2-R4 BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN SRI.K.D.VINCENT R1 & ADDL.R5 BY GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23143 of 2013 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P-1: TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM THE TALUK HEAD QUARTERS HOSPITAL, THRIPUNITHURA. EXT.P-2: TRUE COPY OF THE CT SCAN REPORT OF 1ST PETITIONER'S FATHER.

EXT.P-3: TRUE COPY OF THE FIR IN CRIME NO.743/2013 AT THE 1ST RESPONDENT POLICE STATION.

EXT.P-4: TRUE COPY OF THE REQUEST FOR POLICE PROTECTION DATED 7/9/2013 FROM THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P-5: TRUE COPY OF A COMPLAINT LODGED BY THE 2ND PETITIONER ON 22.1.2011.

RESPONDENT(S)' EXHIBITS :- ---------------------------- EXT.R2(a) : TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE GENERAL HOSPITAL, ERNAKULAM DATED 6.9.2013.

EXT.R2(b) : TRUE COPY OF THE DISCHARGE CERTIFICATE DATED 12.9.2013.

EXT.R2(c) : TRUE COPY OF THE FIR IN CRIME No.746/2013 AT THE MARADU POLICE STATION.

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

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

---------------------------------- W.P.(C) No.23143 of 2013 ------------------------------------- Dated this the 20th day of December 2014

J U D G M E N T

Shaffique, J.

This writ petition has been filed seeking police protection. 2.

According to the petitioners, they were attacked by respondents 2 to 4 on 5.9.2013. Though a crime has been registered, still there had been frequent threat from the party respondents. An interim order has been passed by this Court on 12.9.2013, which is still in force.

Learned Government Pleader submits that after the interim order, no law and order situation is reported by the parties.

In the light of the aforesaid submission, we do not think it necessary to pass any further order in this writ petition. However, we make it clear that if there is any law and order situation, it shall be open for the petitioners to approach before the police.

This writ petition is closed accordingly.

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