Balan Kuniyil v. Superintendent Of Police

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. 29834 of 2013 (D) ---------------------------- PETITIONER :

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1. BALAN KUNIYIL AGED 68, S/O.KANNAN, ORKKATTERI P.O., VADAKARA TALUK KOZHIKODE DISTRICT, PIN - 673 501.

2. CHANDRI, AGED 61 YEARS W/O.BALAN, KUNIYIL HOUSE, ORKKATTERI P.O., VADAKARA TALUK KOZHIKODE DISTRICT, PIN - 673 501.

3. MAHESH, AGED 44, S/O.BALAN, KUNIYIL HOUSE, ORKKATTERI P.O., VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673 501.

BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENTS :

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1. SUPERINTENDENT OF POLICE KOZHIKODE (RURAL), VADAKARA, PIN - 673 111.

2. CIRCLE INSPECTOR OF POLICE, VADAKARA, PIN - 673 111.

3. SUB INSPECTOR OF POLICE, EDACHERRY POLICE STATION, PIN - 673 520.

4. MANOJ, AGED 37, S/O.BALAN, KUNIYIL HOUSE ORKKATTERI P.O., VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673 501.

...2/-

WP(C).No. 29834 of 2013 (D) -2-

5. NANU, AGED 53, S/O.KRISHNAN, VALIYAKUNIYIL ORKKATTERI P.O., VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673 501.

6. PRADEEPAN, AGED 40, S/O.KUNHIRAMAN NAMBIAR, PADINHARAYIL ORKKATTERI P.O., VADAKARA TALUK, KOZHIKODE DISTRICT PIN - 673 501.

7. ASOKAN, AGED 54, S/O.KANNAN, ORKKATTERI P.O., VADAKARA TALUK KOZHIKODE DISTRICT, PIN - 673 501.

R1 TO R3 BY SR. GOVT. PLEADER SRI. C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-

WP(C).No. 29834 of 2013 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 : TRUE COPY OF THE PETITION DATED 27.11.2013 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P2 : TRUE COPY OF THE PETITION DATED 29.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 29834 of 2013 ================== Dated this, the 10th day of September, 2015

J U D G M E N T

Shaffique, J.

Petitioners have approached this Court alleging threat and attack by respondents 4 to 7 and their men. The 4th respondent is the son of petitioners 1 and 2 and the allegation is that 4th respondent along with respondents 5 to 7 are unnecessarily threatening and creating law and order situation against the petitioners. Third petitioner is also the son of petitioners 1 and 2. 2.

Learned Government Pleader on instructions would submit that the issues relating to family disputes cannot be gone into by the police. This writ petition was pending since 2013 and so far, no untoward incident had been reported. However, we observe that if there is any offence committed or attempt to commit offence, on the complaint of the petitioners, police shall

W.P(C) No.29834/2013 -:2:- look into the matter and do the needful.

With the aforesaid observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge