Nujumudheen v. The 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 THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 26585 of 2015 (W) ---------------------------- PETITIONER(S):
-------------------------- NUJUMUDHEEN, S/O.SHAHUL HAMEED, KODIYIL COTTAGE, KAYYALAKKAL CHERRY, ERAVIPURAM VILLAGE, KOLLAM.
BY ADV. SRI.B.MOHANLAL.
RESPONDENT(S):
----------------------------
1. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN: 695 014.
2. THE COMMISSIONER OF POLICE, KOLLAM CITY, KOLLAM- 691 001.
3. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, KOLLAM CITY, KOLLAM- 691 001.
4. THE CIRCLE INSPECTOR OF POLICE, ERAVIPURAM, ERAVIPURAM P.O., KOLLAM-691 011.
5. THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, ERAVIPURAM P.O., KOLLAM- 691 011.
6. SRI.ALIMON, S/O.VIKATATH, KAYAVIL HOUSE, KAVITHAMUKKU, ERAVIPURAM P.O., ERAVIPURAM, KOLLAM -691 011. R1 TO R5 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 26585 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- P1:
THE TRUE COPY OF THE FIR AND FIS IN CRIME NO.1306/2015 OF ERAVIPURAM POLICE STATION AND ITS ENGLISH TRANSLATION OF RELEVANT POTION OF EXT.P1 PARA 12 PAGE NO.8. P2:
THE TRUE PHOTOGRAPH OF THE DESTROYED VEHICLES AND DAMAGES CAUSED BY THE 6TH RESPONDENT AND HIS HENCHMEN TO THE HOUSE OF THE PETITIONER.
P3:
THE TRUE COPY OF THE COMPLAINT DATED ON 19/08/2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, RECEIPT AND ITS ENGLISH TRANSLATION.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.26585 of 2015 ---------------------------------------- Dated this the 10th day of September 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to the 6th respondent in view of the judgment being passed today. 2.
By this writ petition, the petitioner has prayed for a direction commanding respondents 1 to 5 to afford adequate and effective police protection for the life and property and peaceful residence of the petitioner and his family against the threat of the 6th respondent. It is submitted that the 6th respondent, who is the brother-in-law of the petitioner's elder son, with his henchmen have damaged the petitioner's property, trespassed into the house and threat is continuing. It is stated that a crime has already been registered against the 6th respondent. 3.
The learned Government Pleader, after obtaining instructions, submits that crimes have already been registered against the 6th respondent as well as against the petitioner on a
complaint received. It is submitted that the police is monitoring the situation and appropriate action shall be taken. 4.
When crimes have already been registered and police are taking necessary steps, we see no necessity to issue any direction, as prayed for.
However, we observe that, as and when any incident takes place, it shall always be 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