High Court of KeralaWP(C)/28344/2015closed

Vincy.P.R v. The Deputy Superintendent Of Police

2015-09-18Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28344 of 2015 (P) ---------------------------- PETITIONER :

--------------- VINCY.P.R., AGED 42 YEARS, S/O.ROCKY, PUTHENPURACKAL HOUSE, PALLIPORT.

BY ADV. SRI.T.RAJESH RESPONDENTS :

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

1. THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA (RURAL), ALUVA.

2. THE SUB INSPECTOR OF POLICE, MUNAMBAM POLICE STATION, PALLIPORT, MUNAMBAM P.O., PIN - 683 515.

3. ARUL DAS @ JASMON, S/O.BERNAD, MARYALAYAM HOUSE, PALLIPORT P.O. = 683 515.

4. VINCENT, S/O. ANTAPPAN, KAVALAMKURI HOUSE, MUNAMBAM P.O., PIN - 683 515.

5. SUAS, CHOOTHAMPARAMBIL, MUNAMBAM P.O., PIN - 683 515.

R1 & R2 BY STATE ATTORNEY, SRI.P. VIJAYARAGHAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28344 of 2015 (P) --------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF THE SALE DEED EXECUTED BY THE OWNERS BY BOAT IN FAVORU OF PETITONER.

EXT.P1(A) : TRUE COPY OF THE ENGLISH TRANSLATION. EXT.P2 : TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF REQUIRED FEE BY THE PETITIONER.

EXT.P3 : TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF REQUIRED FEE BY THE PETITIONER.

EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P4(A) : TRUE COPY OF THE ENGLISH TRANSLATION. EXT.P5 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P5(A) : TRUE COPY OF THE ENGLISH TRANSLATION. RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

Ashok Bhushan, C.J. & K. Vinod Chandran, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28344 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned State Attorney.

2. By this petition the petitioner has prayed for a mandamus directing respondents 1 and 2 to afford adequate police protection to the life of petitioner and for conducting fishing and harbouring his fishing boat for auctioning the catch at Munambam Mini Fishing Harbour. Petitioner submits that he has also filed a complaint in which crime has been registered against the private respondents.

3. Learned Government Pleader after obtaining instructions submits that there is a dispute regarding the vessel. He submits that the petitioner had earlier assaulted the private respondents on which a crime has already been registered and only thereafter the petitioner submitted the complaint on which crime has been registered against the

WP(C) No. 28344 of 2015 -:2:- private respondents. As far as the vessel and the business of the petitioner is concerned, the petitioner has to approach civil court and appropriate orders can be obtained.

With the above observation the Writ petition is closed. Ashok Bhushan, Chief Justice.

K. Vinod Chandran, Judge.

ttb/18/09