C.K.Kunjaramu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 PETITIONER(S) :- ------------------

1. C.K.KUNJARAMU, AGED 56 YEARS, S/O MOIDEENKOYA, NEELANGOTH HOUSE, IKKARAPADY PENGAD, CHERUKAVU VILLAGE, KONDOTTY TALUK MALAPPURAM DISTRICT-673 637

2. NAFEESA, AGED 45 YEARS, W/O.KUNJARAMU, NEELANGOTH HOUSE, IKKARAPADY PENGAD, CHERUKAVU VILLAGE, KONDOTTY TALUK MALAPPURAM DISTRICT-673 637 BY ADV. SMT.T.B.MINI RESPONDENT(S) :- ------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001

2. THE SUPERINTENDEANT OF POLICE MALAPPURAM, PIN-676 505

3. THE CIRCLE INSPECTOR OF POLICE KONDOTTY POLICE STATION, KONDOTTY-673 638

4. SUB INSPECTOR OF POLICE KONDOTTY POLICE STATION, KONDOTTY-673 638

5. MUNEER, S/O BICHIKOYA, KALLIYIL MUTHUVARA, NEELANGOTH HOUSE, IKKARAPADY, PENGAD, CHERUKAVU VILLAGE, KONDOTTUY TALUK, MALAPPURAM DISTRICT-673 637

6. SHAMSUDEEN, S/O BICHIKOYA, KALLIYIL MUTHUVARA, NEELANGOTH HOUSE IKKARAPADY, PENGAD, CHERUKAVU VILLAGE KONDOTTY TALUK, MALAPPURAM DISTRICT-673 637.

7. ASHRAF, S/O BICHIKOYA, KALLIYIL MUTHUVARA, NEELANGOTH HOUSE, IKKARAPADY, PENGAD, CHERUKAVU VILLAGE KONDOTTY TALUK, MALAPPURAM DISTRICT-673 637.

8. SHARAFUDHEEN S/O BICHIKOYA, MUTHUVARA, NEELANGOTH HOUSE IKKARAPADY, PENGAD, CHERUKAVU VILLAGE KONDOTTY TALUK, MALAPPURAM DISTRICT-673 637

9. ABDUL AZEEZ S/O MUHAMMED KALLIYIL, NEELANGOTH HOUSE, IKKARAPADY PENGAD, CHERUKAVU VILLAGE, KONDOTTY TALUK MALAPPURAM DISTRICT-673 637 R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1: TRUE COPY OF THE FIR IN CRIME NO 1043/13 OF KONDOTTY POLICE STATION DT. 12/8/13.

EXT.P1(A): TRUE ENGLISH TRANSLATION OF EXT. P1. EXT.P2: TRUE COPY OF THE FIR IN CRIME NO. 1291/14 OF KONDOTTY POLICE STATION DT. 20/12/14.

EXT.P2(A): TRUE ENGLISH TRANSLATION OF EXT. P2. EXT.P3: TRUE COPY OF THE DISCHARGE CARD ISSUED FROM THE GOVERNMENT GENERAL HOSPITAL (BEACH) CALICUT 22/12/14. EXT.P4: TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT. 30/6/15.

EXT.P5: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DT. 30/6/15.

EXT.P5(A):TRUE ENGLISH TRANSLATION OF EXT.P5. EXT.P6: TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DT. 26/12/14. EXT.P6(A): TRUE ENGLISH TRANSLATION OF EXT.P6. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.21984 of 2015 ------------------------------------- Dated this the 28th day of July 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.

No notice is required to be issued to respondents 5 to 9 in view of the order, which is being passed in the writ petition. 3.

The petitioners have come up in the writ petition praying for grant of adequate police protection to the life and property of the petitioners and other family members. Petitioners have also prayed for a direction to cause enquiry and take appropriate action against respondents 2 to 4 for their willful and intentional failure to take action on the representations marked as Exts.P4 to P6.

4.

Petitioners' case is that they are husband and wife living in their house and their son is working abroad. Allegations have been made against respondents 5 to 9, who had made attempts to threaten the petitioners twice. Criminal cases have also been registered against some of the respondents, which is clear from records brought on record along with the writ petition.

W.P.(C) No.21984 of 2015 -: 2 :- 5.

Learned Government Pleader on instructions would submit that the police has also approached the Sub Divisional Magistrate for initiating proceedings under Secs.107/117 Cr.P.C. to execute a bond. It is submitted that the police has registered criminal cases and they are proceeding to take steps. 6.

In the above view of the matter, we see no reason to issue any direction as prayed for in this writ petition. We only observe that in any event, if the petitioners file any complaint, the police authorities shall take appropriate measures in accordance with law.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt