Thulasi Bhai v. The District Police Chief, Pathanamthitta

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR. ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 27203 of 2015 (A) ---------------------------- PETITIONER :

------------------ THULASI BHAI, AGED 44 YEARS, W/O. REMESAN NAIR, RESIDING AT 'D' QUARTERS, ASWHIRWAD APARTMENT, T.B. JUNCTION, KOZHENCHERY, PATHANAMTHITTA DISTRICT PIN - 689641.

BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.K.G.SAROJINI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENTS :

----------------------

1. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA PATHANAMTHITTA, DISTRICT - PIN - 689585.

2. THE CIRCLE INSPECTOR OF POLICE, KOZHENCHERY POLICE STATION, KOZHENCHERTY, PATHANAMTHITTA DISTRICT - PIN - 689641.

3. THE SUB INSPECTOR OF POLICE, ARUMULA POLICE STATION, ARUMULA P.O., KOZHENCHERY, PATHANAMTHITTA DISTRICT PIN - 689533.

4. C.K. RAJEEV, AGED 38 YEARS, RESIDING AT CHEMBAKASSERIL, KOZHENCHERY, KKOZHENCHERY P.O. PATHANAMTHITTA DISTRICT. PIN - 689641.

R1 TO R3 BY STATE ATTORNEY SRI.P.V. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 27203 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE RECEIPT DT 7/7/2015 SHOWING PAYMENT OF ELECTRICITY BILL.

P2:

COPY OF THE RECEIPT DT 5/8/2015 ISSUED BY THE FEDERAL BANK. P3:

COPY OF THE COMPLAINT DT 11/8/2015 OF THE PETITIONER ALONG WITH ITS ENGLISH TRANSLATION.

P4:

COPY OF THE RECEIPT DT 11/8/2015 ISSUED BY THE R1 ALONG WITH ITS ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 27203 of 2015 ================== Dated this, the 9th day of September, 2015

J U D G M E N T

Ashok Bhushan, C.J.

Heard the learned counsel for the petitioner and the learned State Attorney.

2.

Petitioner has filed this writ petition seeking police protection to the life and property of the petitioner from the threat of 4th respondent. Petitioner's case is that he is living in a rented apartment of which the 4th respondent is the care taker. Allegation has been made that petitioner's electricity connection was disconnected on 4th August, 2015. A complaint is stated to have been filed on 11th of August,2015 before the District Police Chief.

3.

Learned State Attorney after obtaining instructions submits that after receiving complaint, although the dispute pertains to the premises where petitioner was living, the 4th respondent was called and directed to take steps for restoration

W.P(C) No.27203/2015 -:2:- of electricity. It is submitted that electricity connection has already been restored and no further incident has been reported. 4.

In the facts of the present case, we are of the view that no direction need be issued as prayed for. It shall, however be open for the petitioner to approach the police, if there is any allegation of commission of offence or attempt to commit offence. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge