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High Court of KeralaWP(C)/22662/2015closed

Mariyan Divya Karunyalayam Social And Charitable Society v. The Station House Officer, Mannanchery

2015-08-11Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan6 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 TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 ---------------------------- PETITIONER :

---------------- MARIYAN DIVYA KARUNYALAYAM SOCIAL AND CHARITABLE SOCIETY, REPRESENTED BY ITS SECRETARY MR. SAJIMON THOMAS, PONNADU P.O., ALAPPUZHA - 688 538. BY ADVS.SRI.JOSEPH RONY JOSE SRI.E.A.JOSE SMT.JYOTHI ABRAHAM RESPONDENTS :

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1. THE STATION HOUSE OFFICER, MANNANCHERY MANNANCHERY POLICE STATION, ALAPPUZHA - 688 538.

2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, SUPERINTENDENT OFFICE ALAPPUZHA DISTRICT - 688 001.

3. SURESH @ KUTTAPPAN, CHEMANATTU HOUSE, PONNADU P.O., ALAPPUZHA - 688 538.

4. MINI ULLAS, THAIMATTATHIL HOUSE, S.L. PURAM P.O.

ALAPPUZHA - 688 538.

5. MOHANA KUMAR @ KUTTAYI, THEKKE CHEMMANATHU, PONNADU P.O., ALAPPUZHA- 688 538.

6. SANAL KUMAR @ PARASSU KANNAN, GEETHALAYAM, S.L. PURAM P.O., ALAPPUZHA - 688 538.

7. MURALEEDHARA MENON, CHEMMANATHU, PONNADU P.O., ALAPPUZHA - 688 538.

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8. THE CIRCLE INSPECTOR OF POLICE, MARARIKULAM, MARARIKULAM POLICE STATION ALAPPUZHA - 688 538.

9. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HOME AFFAIRS KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

R1, R2, R8 & R9 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXHIBIT-P1-TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR PSYCHO - SOCIAL REHABILITATION CENTRE FOR MENTALLY ILL PERSONS DATED 06/08/2014.

EXHIBIT-P2-TRUE COPY OF THE OUT PATIENT REGISTRATION CARD OF TALUK HEAD QUARTERS HOSPITAL CHERTHALA DATED 20/06/2015. EXHIBIT-P3-TRUE COPY OF THE COMPLAINT RECEIPT RECEIVED FROM WOMENS CELL ALAPPUZHA DATED 26/08/2013.

EXHIBIT-P3(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P3. EXHIBIT-P4-TRUE COPY OF THE COMPLIANT RECEIPT RECEIEVED FROM MANNANCHERY POLICE STATION DATED 03/06/2014.

EXHIBIT-P4(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P4. EXHIBIT-P5-TRUE COPY OF THE COMPLAINT RECEIPT RECEIVED FROM MARARIKKULAM POLICE STATION DATED 02/08/2014. EXHIBIT-P5(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P5. RESPONDENTS' EXHIBITS :

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

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22662 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection for his life, staff and inmates of Mariyan Divya Karunyalayam Social and Charitable Society so as to enable them to live peacefully without any threat or obstruction from respondents 3 to 7 and others.

2. It is stated that on account of a close relative of respondents 3 to 6 having joined the petitioner's institution which created vengeance in their mind and started creating nuisance and illegal activities against the institution. Further it is stated that petitioner's life has been threatened by a large group of persons. Pointing out all these aspects, petitioner submitted a complaint to the police and since no action has been taken in the matter, this writ petition has been filed.

3. Learned Government Pleader on instructions would submit that no untoward incident has been reported so

WP(C) No. 22662 of 2015 -:2:- far and if at all there is any disturbance in the matter relating to the functioning of the establishment or if there is law and order situation, police shall definitely look into the matter and do the needful.

4. Having regard to the aforesaid statement of learned Government Pleader, we do not think it necessary to interfere in the matter. We only observe that in the event, any offence is committed or there is any attempt to commit offence, on the complaint of the petitioner, police shall look into the matter and and do the needful in accordance with law.

The Writ Petition is closed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/11/08

WP(C) No. 22662 of 2015 -:3:-