John Chacko v. State Police Chief
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 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 25167 of 2015 (U) ---------------------------- PETITIONER(S):
-------------------------- JOHN CHACKO, S/O.CHACKO, AGED 80 YEARS, BETHEL MANDIRAM, AIKKAD, KODUMON VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT(S):
----------------------------
1. STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
2. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA.
3. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT.
4. THE STATION HOUSE OFFICER, KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT.
5. ROJESH JOHN, KOYIPATTU VEEDU, NEDUMON MURI, EZHAMKULAM, PATHANAMTHITTA.
6. SHAJI JOHN, BATHERI VILLA, IKKAD MURI, KODUMON VILLAGE, PATHANAMTHITTA.
7. LATHA ROJESH, KOYIPATTU VEEDU, NEDUMON MURI, EZHAMKULAM, PATHANAMTHITTA.
WP(C).No. 25167 of 2015 (U)
8. MAHILAMMA, W/O.SHAJI, BATHENI VILLA, IKKAD MURI, KODUMON VILLAGE, PATHANAMTHITTA.
R1 TO R4 BY SRI.P. VIJAYARAGHAVAN, STATE ATTORNEY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 25167 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1.
TRUE COPY OF THE JUDGMENT DATED 04/08/2015 IN WP(C).NO.23502/2015 OF THIS HONOURABLE COURT. EXT.P2.
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14/08/2015 AND ITS ACKNOWLEDGEMENT RECEIPT BEARING NO.1540/CAMP/DPC/2015/PTA.
EXT.P2(A).
ENGLISH TRANSLATION OF EXTP.2.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.25167 of 2015 ---------------------------------------- Dated this the 18th day of August 2015
J U D G M E N T
Shaffique, J Petitioner has approached this Court seeking police protection inter alia alleging that respondents 5 to 7 are creating nuisance and obstruction to the petitioners. It is stated that they have involved in criminal acts by virtue of which crime has been registered, but still they are continuously threatening the petitioner and therefore the petitioner has approached the police seeking protection. Since no action has been taken in the matter, this writ petition is filed.
2.
The learned Government Pleader, on instructions, would submit that the petitioner is residing in the building along with his children and there had been quarrel between the siblings for which crime has already been registered, which is pending consideration.
3.
Having regard to the fact that petitioner as well as his children are residing in the very same building, we do not think
W.P.C.No.25167/2015 that police can interfere in the family issues. The issues are pertaining to right to property which is pending before the Civil court as well. Police can interfere only if there is any offence or attempt to commit offence.
We only observe that if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file necessary complaint before the police, who shall look into the matter and take appropriate action, in accordance with law. With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr
W.P.C.No.25167/2015
W.P.C.No.25167/2015